Owen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Dayna Owen, No. 2:22-cv-00882-KJM-CKD Plaintiff, ORDER v. . . Hyundai Motor America, et al., 1 > Defendants. 16 Defendant Hyundai Motor America argues plaintiff Dayna Owen! has attempted to avoid 18 an arbitration agreement by voluntarily dismissing an action she originally filed in state court and 19 refiling that action in this court. Hyundai moves for an award of fees and costs under Federal Rule of Civil Procedure 41(d). As explained in this order, Hyundai has shown Owen was forum shopping. Hyundai’s motion is granted, with the amount of a proper award to be determined.

' The parties have used conflicting third-person gendered pronouns when referring to Owen. Compare, e.g., Mot at 3 (“In her state court Complaint, Plaintiff allege[s] four □□□ state law causes of action... .” (emphasis added)) with, e.g., Opp’n at 3 (“Plaintiff Possessed an Absolute, Unfettered Right…