Hofer
Hudson Specialty Insurance Company v. Hofer
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HUDSON SPECIALTY INSURANCE Case No. 20-CV-0852-BAS-RBB
COMPANY,
ORDER GRANTING JOINT
Plaintiff, MOTION TO DISMISS v. 14 (ECF No. 60) SCOTT HOFER, et al., 15 Defendants.
17 Before the Court is the parties’ joint motion to dismiss with prejudice this action 18 pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(2). (Joint Mot., ECF No. 60.) 19 “Except as provided in Rule 41(a)(1), an action may be dismissed at the plaintiff’s 20 request only by court order, on terms that the court considers proper.” Fed. R. Civ. P. 21 41(a)(2). “The Ninth Circuit has long held that the decision to grant a voluntary dismissal 22 under Rule 41(a)(2) is addressed to the sound discretion of the [d]istrict [c]ourt[.]” 23 Hamilton v. Firestone Tire & Rubber Co., 679 F.2d 143, 145 (9th Cir. 1982) (citing, inter 24 alia, Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir. 1980)); Blue Mountain 25 Constr. Corp. v. Werner, 270 F.2d 305, 306 (9th Cir. 1959), cert. denied, 361 U.S. 931 26 (1960). “A…