Opinion
RUSSELL S. HUMPHREY, SBN 208744, Daniel Malakauskas, HUMPHREY LAW GROUP, Lodi, CA, Attorney for PLAINTIFF: CYNTHIA HOPSON
MOTION TO DISMISS WITH PREJUDICE AND ORDER GRANTING SUCH DISMISSAL [FED. R. CIV. P. 41]
LAWRENCE K. KARLTON, District Judge.
PLEASE TAKE NOTICE, THIS HONORABLE COURT AND ALL PARTIES OF SUCH PROCEEDING:
Pursuant to Federal Rule of Civil Procedure 41, Plaintiff moves this honorable court to dismiss the Plaintiff's complaint with Prejudice.
1. Specifically, Plaintiff has filed, and served the Complaint on Defendants, for the damages Plaintiff has allegedly incurred from the discrimination he experienced, as a result of his disability.
2. Plaintiff mistakenly filed such case twice and is pursuing such claims in another action.
2. Defendants have not yet served an Answer on Plaintiff for this case.
Therefore, Plaintiff, agreement, now moves this court to dismiss such action with prejudice.
ORDER
Plaintiff having requested a voluntary dismissal with prejudice, and no defendant having answered or moved for summary judgment, the court hereby DISMISSES this action WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(a) (1) (A) (i) and (a) (2).
IT IS SO ORDERED.