Brooke

Brooke v. Wave Crest Resorts III LLC

Good Law
United States District Court, Southern District of CaliforniaSeptember 9, 20203:20-cv-01218California336 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THERESA BROOKE, Case No. 20-cv-1218-MMA (AGS)

Plaintiff,

ORDER RE: DISMISSAL

v. [Doc. No. 6] WAVE CREST RESORTS III LLC, Defendant. 16 17 18 The parties have filed a “Stipulation of Dismissal with Prejudice” agreeing to dismissal of this action. See Doc. No. 6. Pursuant to the stipulation and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action has been DISMISSED with prejudice and with each party bearing its own costs and attorneys’ fees. See Commercial Space Mgmt. Co. v. Boeing Co., 193 F.3d 1074, 1078 (9th Cir. 1999) (“[O]nce a notice of voluntary dismissal is filed, the district court in which the action is pending loses jurisdiction and cannot exercise discretion with respect to the terms and conditions of the dismissal.”); see also Duke Energy Trading & Mktg., L.L.C. v. Davis, 267 F.3d 1042, 1049 (9th Cir. 2001) (quoting Pedrina v. Chun, 987 F.2d 608, 610 (9th Cir. 1993)) (“The [filing of a Rule 41(a)(1)(i)…

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