Hepp

MEMORANDUM **

Appellants Conoco, Inc. et al. (collectively, “Conoco”) appeal the district court’s *125 grant of plaintiffs Jerry and Donna Hepp’s motion for voluntary dismissal. In the alternative, Conoco challenges the district court’s failure to condition the voluntary dismissal on the Hepps’ payment of Conoco’s costs and fees. We review for abuse of discretion both the district court’s grant of voluntary dismissal, see Westlands Water Dist. v. United States, 100 F.3d 94 , 96 (9th Cir.1996); Stevedoring Servs. of Am. v. Armilla Int’l B.V., 889 F.2d 919 , 921 (9th Cir.1989), and its decision not to award fees and costs to Conoco, see Stevedoring Servs., 889 F.2d at 921. The district court abuses its discretion when it bases its decision on “an erroneous view of the law or a clearly erroneous assessment of the facts.” Westlands, 100 F.3d at 96 (internal quotation omitted). We conclude that there has been no abuse of discretion.

A motion for voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(2) should be granted unless a defendant can show that it will suffer some plain legal prejudice as a result of the dismissal. See Smith v. Lenches, 263 F.3d 972, 975 (9th…