Opinion
CV 21-4267-DMG (JCx)
12-27-2022
H.G. (a minor, by and through his parents, HEATHER GRAY AND ERYN GRAY), Plaintiff, v. ORCUTT UNION SCHOOL DISTRICT, Defendant.
ORDER DISMISSING PLAINTIFF'S UNRUH ACT CLAIM [138]
DOLLY M. GEE UNITED STATES DISTRICT JUDGE
Having reviewed Plaintiff's notice of voluntary dismissal of his Unruh Act Claim under Rule 41(a) [Doc. # 138] and Defendants' Response [Doc. # 139], the Court hereby DISMISSES Plaintiff's Unruh Act Claim without prejudice. See Fed.R.Civ.P. 41(a)(2); see Hamilton v. Firestone Tire & Rubber Co., Inc., 679 F.2d 143, 145-46 (9th Cir. 1982) (Rule 41(a)(2) dismissals presumed to be without prejudice unless “plain legal prejudice” shown “beyond the prospect of a second lawsuit or when plaintiff merely gains some tactical advantage.”) (citation omitted).
IT IS SO ORDERED.