Gomez
Gomez v. Ackerman Family Vineyards LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ANDRES GOMEZ, Case No. 3:21-cv-09184-WHO
Plaintiff,
ORDER ADDRESSING DISMISSAL
v.
ACKERMAN FAMILY VINEYARDS
LLC,
11 Defendant.
13 On May 26, 2022, I granted the defendant’s motion to dismiss the claims in this case with 14 leave to amend. Dkt. No. 18. I gave the plaintiff 20 days to file an amended complaint, but he did 15 not do so. On July 7, 2022, the defendant requested that a dismissal with prejudice be entered as a 16 result. Dkt. No. 25. Several hours later, the plaintiff filed a notice of voluntary dismissal without 17 prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). Dkt. No. 28. The next day, 18 the defendant requested that I nonetheless enter a dismissal with prejudice. Dkt. No. 29. 19 FRCP 41(a)(1)(A)(i) provides that “the plaintiff may dismiss an action without a court 20 order by filing a notice of dismissal before the opposing party serves either an answer or a motion 21 for summary judgment.” The rule also provides that the dismissal may be without prejudice. Fed.…