14 Cited authorities

  1. Hamilton v. Firestone Tire Rubber Co., Inc.

    679 F.2d 143 (9th Cir. 1982)   Cited 355 times
    Holding that the defendant had not established sufficient prejudice from the granting of a voluntary dismissal "merely by asserting that it had begun trial preparations"
  2. Manshack v. Southwestern Elec. Power Co.

    915 F.2d 172 (5th Cir. 1990)   Cited 141 times
    Holding that the defendant did not suffer legal prejudice when the plaintiffs moved for voluntary dismissal to attempt to circumvent the district court's ruling that Louisiana law applied, which could limit the plaintiffs' remedies, and stating that the defendant "will not be stripped of an absolute defense"
  3. Terrovona v. Kincheloe

    852 F.2d 424 (9th Cir. 1988)   Cited 143 times
    Finding district court did not abuse its discretion in denying petitioner's request for dismissal without prejudice where magistrate judge had already issued report and recommendations on defendant's motion for summary judgment
  4. Pace v. Southern Express Company

    409 F.2d 331 (7th Cir. 1969)   Cited 231 times
    Holding that the district court properly denied dismissal without prejudice where discovery was considerably advanced and defendant's motion for summary judgment was pending
  5. Williamson v. Unum Life Ins. Co. of America

    160 F.3d 1247 (9th Cir. 1998)   Cited 55 times
    Holding that a remand order was not a final order
  6. Maxum Indemnity v. A-1 All Am. Roofing

    299 F. App'x 664 (9th Cir. 2008)   Cited 29 times
    Finding that the district court acted within its discretion in dismissing a claim with prejudice because the district court had indicated to both parties how it planned to rule on that claim prior to the motion to dismiss
  7. Hisler v. Gallaudet University

    344 F. Supp. 2d 29 (D.D.C. 2004)   Cited 33 times
    Concluding that there was no excessive delay even when the plaintiff's behavior was “far from praiseworthy,” as long as the plaintiff complied with orders and her motions were generally timely filed
  8. Clark Equipment Co. v. Wheat

    92 Cal.App.3d 503 (Cal. Ct. App. 1979)   Cited 56 times
    Holding employer's liability under doctrine of respondeat superior extends to intentional torts of employee committed within scope of employment
  9. Edstrom v. NDEX West, LLC

    No. CIV S-10-0105 KJM-CKD (E.D. Cal. Sep. 14, 2012)   Cited 6 times

    No. CIV S-10-0105 KJM-CKD 09-14-2012 DANIEL MAJOR EDSTROM; et al., Plaintiffs, v. NDEX WEST, LLC, Defendant. ORDER This matter comes before the court on plaintiffs' request for dismissal of the above-captioned action without prejudice in accordance with Federal Rule of Civil Procedure 41(a)(2). The court has decided this matter without a hearing. For the following reasons, plaintiffs' request is granted. I. PROCEDURAL BACKGROUND Plaintiffs filed their complaint in El Dorado County Superior Court

  10. In re Sizzler Restaurants Intern., Inc.

    262 B.R. 811 (Bankr. C.D. Cal. 2001)   Cited 15 times
    Holding that employee indemnification provides an adequate basis for "related to" jurisdiction even though indemnification was conditioned on a subsequent proceeding