Silva

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NOE ADALBERTO SILVA, et al., Case No. 16-cv-04360-VC

Plaintiffs,

ORDER GRANTING REQUEST TO

v. DISMISS CLAIMS WITHOUT

PREJUDICE

SAN PABLO POLICE DEPARTMENT, et al., Re: Dkt. No. 121 Defendants.

Noe and Veronica Silva seek to dismiss their remaining federal claims without prejudice under Federal Rule of Civil Procedure 41(a)(2). The defendants—the City of San Pablo, San Pablo Police Department, and Police Chief Rosales—oppose this request, but their argument that they would suffer “plain legal prejudice” unless the Silvas were forced to continue litigating the claims that they recently resurrected on appeal does not make sense. Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001). Most prominently, the Silvas represent that they won’t reassert these claims in the parallel state-court action. This dismissal is in reliance on that representation, so although dismissal is without prejudice, presumably the Silvas would be barred by judicial estoppel from pressing these claims if they break their word. See New Hampshire v. Maine, 532 U.S. 742, 750 (2001). So the…