Jeremy Holland v. Golden Soup Restaurant Inc.

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 JEREMY HOLLAND, ) Case No. CV 19-8714 FMO (AFMx) ) Plaintiff, ) ) v. ) ORDER DISMISSING ACTION WITHOUT ) PREJUDICE GOLDEN SOUP RESTAURANT, INC., ) ) Defendant. ) ) 16 The court has received plaintiff’s Notice of Voluntary Dismissal Without Prejudice, filed on February 7, 2020. (See Dkt. 14, Notice of Voluntary Dismissal). Because defendant has filed an Answer to plaintiff’s Complaint, (Dkt. 12), the court will construe plaintiff’s filing as a Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 41(a)(2). Once an answer has been filed to the operative complaint, a plaintiff may dismiss an action only by court order and on terms that the court considers proper. See Fed. R. Civ. P. 41(a)(2). Although defendant has filed an answer to the Complaint, that is an insufficient basis to deny plaintiff’s request for dismissal. See, e.g., Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 25 …