Freska Produce International, LLC v. I5 Fresh Produce, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
FRESKA PRODUCE INTERNATIONAL,
LLC, Case No. 19-cv-03172-RS
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
I5 FRESH PRODUCE, INC., et al., Defendants.
15 Plaintiff Freska Produce International, LLC (“Freska”) moves to dismiss its claims against Yahya Ahmed a/k/a Ahmed Yahya (“Ahmed”) without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Ahmed has not filed a response or opposition to Freska’s motion. “The decision to grant a voluntary dismissal under Rule 41(a)(2) ‘is addressed to the sound discretion of the District Court[,]’” Fraley v. Facebook, Inc., No. 11-CV-01726-LHK, 2012 WL 893152, at *2 (N.D. Cal. Mar. 13, 2012) (quoting Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145 (9th Cir. 1982)), and should be granted “unless a defendant can show that it will suffer some plain legal prejudice as a result.” Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001). As Ahmed …