Gustine
Gustine v. County of San Diego
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BRENT EDWARD GUSTINE, Case No.: 19cv903-LAB (NLS)
Plaintiff,
ORDER CONSTRUING JOINT
v. MOTION TO DISMISS
DEFENDANTS
COUNTY OF SAN DIEGO, Defendant. 16 The parties jointly moved to dismiss Defendants Honesto Patawaran, Traci Levin, and Jose Padilla. The joint motion did not say whether the dismissal was to be with or without prejudice, but it did specify that the “dismissal does not constitute an adjudication on the merits.” The Court construes this to mean the dismissal is to be without prejudice. See Semtek Int’l Inc. v. Lockheed Martin Corp., 531 U.S. 497, 505 (2001) (treating “adjudication upon the merits” as the opposite of “dismissal without prejudice”); Stewart v. U.S. Bancorp, 297 F.3d 953, 956 (9th Cir. 2002) (noting that adjudication on the merits and dismissal with prejudice are used interchangeably). If this was not the parties’ intention, they should file an amended joint …