Morfin

Morfin v. O'Reilly Automotive Stores, Inc.

Good Law
United States District Court, Southern District of CaliforniaApril 21, 20233:22-cv-00336California425 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JERRY MORFIN, Case No. 22-cv-0336-BAS-DDL

Plaintiff,

ORDER GRANTING JOINT

v. MOTION TO DISMISS WITH PREJUDICE (ECF No. 15) O’REILLY AUTO ENTERPRISES,

LLC., et al., 15 Defendants.

On April 6, 2022, the parties jointly moved pursuant to Federal Rule of Civil Procedure (“Rule”) 41(a)(1)(A)(ii) to dismiss Defendants O’Reilly Automotive Stores, Inc. and O’Reilly Automotive, Inc. from this employment action. (First Joint Mot., ECF No. 3.) The Court granted that request on April 7, 2022. (Order, ECF No. 4.) After this dismissal, O’Reilly Automotive Enterprise LLC, Inc. was the lone remaining Defendant in this action. Now before the Court is the parties’ second Joint Motion pursuant to Rule 41(a)(1)(A)(ii), this time to dismiss with prejudice the action in its entirety. (Second Joint Mot., ECF No. 15.) Under Rule 41(a)(1)(A), a plaintiff has an absolute right to voluntarily dismiss its action by…

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