Opinion
Civil Action No. 11-cv-3220-JLK
06-07-2012
24 HOUR FITNESS, USA, INC., a California corporation d/b/a 24 HOUR FITNESS, Plaintiff, v. MARK SHERWIN, Defendant.
Judge John L. Kane
ORDER
Kane J.
After being served with Plaintiff's Petition to Compel Arbitration (doc. 1), Defendant filed a letter with the court expressing his intent to withdraw from arbitration with Defendant for an unspecified amount awarded in a lawsuit with Plaintiff. Although his letter is not entirely clear, as Plaintiff notes Defendant has not been awarded any amount in connection with any lawsuit against Plaintiff, it seems to indicate that Defendant does not intend to pursue an arbitration claim against Plaintiff.
In reply, Plaintiff stated that it "has no objection to the closure of this case and the dismissal without prejudice of its Petition to Compel Arbitration." Reply to Respondent's "Letter of Intent to Withdraw" (doc. 10). I liberally construe Plaintiff's reply as a motion for voluntary dismissal pursuant to Fed. R. Civ. P. 41(a)(2). Finding good cause appearing, Plaintiff's Petition to Compel Arbitration (doc. 1) is DISMISSED WITHOUT PREJUDICE.
BY THE COURT:
John L. Kane
Senior U.S. District Court Judge