The opinion
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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8 LEWIS DEWANE BROWN, individually and Case No. 1:22-cv-00216-JLT-SAB
on behalf of all others similarly situated,
9 ORDER DIRECTING CLERK OF
Plaintiff, COURT ADJUST DOCKET TO
10 REFLECT STIPULATED DISMISSAL
v. OF DEFENDANTS CHIEF PACO
11 BALDERRAMA AND FORMER CHIEF
CITY OF FRESNO, et al., ANDREW HALL
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Defendants. (ECF No. 70)
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14 On June 8, 2026, Plaintiff and Defendants Chief Paco Balderrama and Former Chief
15 Andrew Hall filed a stipulation to dismiss this action with prejudice, pursuant to Federal Rule of
16 Civil Procedure 41(a)(2). (ECF No. 70.)
17 Federal Rule of Civil Procedure 41(a)(2) provides, in pertinent part, that “an action may
18 be dismissed at the plaintiff’s request only by court order, on terms that the court considers
19 proper.” Fed. R. Civ. P. 41(a)(2). “A district court should grant a motion for voluntary dismissal
20 under Rule 41(a)(2) unless a defendant can show that it will suffer some plain legal prejudice as
21 a result.” Smith v. Lenches, 263 F.3d 972, 975 (9th Cir. 2001).
22 Here, the stipulation seeks dismissal with prejudice as to Defendants Chief Paco
23 Balderrama and Former Chief Andrew Hall only. The remaining claims against the other
24 defendants are unaffected. Because the dismissal is jointly stipulated, there is no indication that
25 any party will suffer legal prejudice as a result. Thus, dismissal under Rule 41(a)(2) is
26 appropriate.
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] Accordingly, IT IS HEREBY ORDERED that:
2 1. This action is DISMISSED WITH PREJUDICE as to Defendants Chief Paco
3 Balderrama and Former Chief Andrew Hall, with each party to bear their own
4 costs and attorneys’ fees as set forth in the stipulation; and
5 2. The Clerk of Court is ORDERED to TERMINATE Defendants Chief Paco
6 Balderrama and Former Chief Andrew Hall in this action.
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, | IT IS SO ORDERED. FA. Be
9 | Dated: _ June 9, 2026 ;
STANLEY A. BOONE
10 United States Magistrate Judge
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