Papciak

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 BREAKING CODE SILENCE, Case No. 21-cv-00918-BAS-DEB 11 Plaintiff, ORDER RE: PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL v. WITHOUT PREJUDICE OF JENNIFER WALKER (ECF No. 53) CHELSEA PAPCIAK aka FILER, et al., 14 Defendants. 15 Presently before the Court is Plaintiff Breaking Code Silence (“BCS”)’s Notice of Voluntary Dismissal Without Prejudice of Jennifer Walker. (ECF No. 53.) For the reasons explained below, the Court finds it must construe this Notice as a motion under Rule 41(a)(2). Further, because Walker is seeking attorneys’ fees, the Court finds that any dismissal of Walker should be granted on the condition that it be with prejudice. Under Rule 41(a), a plaintiff may voluntarily dismiss an action without a court order by filing: “(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties…