Jeremy Holland v. Golden Soup Restaurant Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 JEREMY HOLLAND, ) Case No. CV 19-8714 FMO (AFMx) ) 12 Plaintiff, ) ) 13 v. ) ORDER DISMISSING ACTION WITHOUT ) PREJUDICE 14 GOLDEN SOUP RESTAURANT, INC., ) ) 15 Defendant. ) ) 16 17 The court has received plaintiff’s Notice of Voluntary Dismissal Without Prejudice, filed on 18 February 7, 2020. (See Dkt. 14, Notice of Voluntary Dismissal). Because defendant has filed an 19 Answer to plaintiff’s Complaint, (Dkt. 12), the court will construe plaintiff’s filing as a Motion to 20 Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 41(a)(2). 21 Once an answer has been filed to the operative complaint, a plaintiff may dismiss an action 22 only by court order and on terms that the court considers proper. See Fed. R. Civ. P. 41(a)(2). 23 Although defendant has filed an answer to the Complaint, that is an insufficient basis to deny 24 plaintiff’s request for dismissal. See, e.g., Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 25 …