The opinion
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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 CYNTHIA-YVETTE BROWN, Case No.: 25-CV-2947 TWR (BLM)
12 Plaintiff,
ORDER DENYING WITHOUT
13 v. PREJUDICE PLAINTIFF’S MOTION
TO RESCIND AND VOID
14 DOLLAR TREE STORES, INC.,
SETTLEMENT RELEASE
15 Defendant.
(ECF No. 44)
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17 Presently before the Court is Plaintiff Cynthia-Yvette Brown’s Motion to Rescind
18 and Void Settlement Release (“Mot.,” ECF No. 44), which the Court liberally construes as
19 a motion for summary adjudication of one of Defendant Dollar Tree Store, Inc.’s
20 anticipated defenses, namely, that Plaintiff’s present lawsuit is barred by her prior
21 settlement release. “Although [Federal Rule of Civil Procedure 56] allows a motion for
22 summary judgment to be filed at the commencement of an action, in many cases the motion
23 will be premature until the nonmovant has had time to file a responsive pleading or other
24 pretrial proceedings have been had.” Anthony v. Cnty. of San Diego, No. 25-CV-0310-
25 BAS-MMP, 2025 WL 1134611, at *1 (S.D. Cal. Apr. 16, 2025) (quoting Fed. R. Civ. P.
26 56(b) advisory committee’s note to 2010 amendment). “Courts have denied pre-answer
27 and pre-discovery motions for summary judgment as premature despite technical
28 compliance with the timing provisions of Rule 56.” Id. (first citing Williams v. Yuan Chen,
1 || No. S-10-1292-CKD-P, 2011 WL 4354533, at * 3 (E.D. Cal. Sept. 16, 2011); then citing
2 || Bradford v. Ogbuehi, No. 1:17-CV-01128-SAB (PC), 2020 WL 9886194, at *1 (E.D. Cal.
3 || Feb. 20, 2020)).
4 While Plaintiff's Motion “is technically compliant with the timing requirements of
5 || Federal Rule of Civil Procedure 56, the Court finds it is premature because Defendant]
6 || ha[s] not yet filed an Answer to the Complaint” or engaged in any discovery. See id. The
7 || Court therefore DENIES WITHOUT PREJUDICE Plaintiff's Motion (ECF No. 44).
8 IT IS SO ORDERED.
9 ||Dated: April 3, 2026 —— (2
10 [aD (re
11 Honorable Todd W. Robinson
D United States District Judge
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