Richey

BACKGROUND

The background of this case was detailed in Richey v. GetWellNetwork, Inc., No. ||320CV02205BENBLM, 2021 WL 424281, at *1- (S.D. Cal. Feb. 8, 2021). Most ||recently, on February 8, 2021, the Parties filed the instant Joint Motion, stipulating to (1) 5 || the voluntary dismissal with prejudice of all of Plaintiff's individual claims for relief and each party bearing that party’s own attorneys’ fees and costs. ECF No. 12 at 1-5. LEGAL STANDARD g Where a plaintiff does not proceed by filing a notice or stipulation of dismissal, 9 || pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, “an action may be 10 || dismissed at the plaintiff's request only by court order, on terms that the court considers || proper.” FED. R. Civ. P. 41(a)(2); see also Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 12 || 2001) (providing that a “district court should grant a motion for voluntary dismissal under 13 || Rule 41(a)(2) unless a defendant can show that it will suffer some plain legal prejudice as result”); Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982) 15…