[Germany][Petitioners motion to dismiss granted]
In Krause v Krause 2023 WL 2541912 (E.D. California 2023) Petitioner filed a motion to dismiss this action pursuant to Federal Rule of Civil Procedure 41(a)(2), or in the alternative, continuing the evidentiary hearing schedule until this proceeding is dismissed. The filing indicates that Petitioner “has decided to relocate to California upon receiving an Order for reassignment to Beale [AFB] on or about May 12, 2022, even though his future does not legally moot this proceeding at this time. Mr. Krause, however, no longer desires for his Children to be sent back to Germany and will instead seek the appropriate custody relief in the appropriate courts in the United States.
Rule 41(a)(2) provides
that: “Except as provided in Rule 41(a)(1), an action
may be dismissed at the plaintiff’s request only by court order, on terms that
the court considers proper.” Fed. R. Civ. P. 41(a)(2).
Respondent filed a response to the motion to dismiss. Respondent directs the
Court to the Ninth Circuit’s statement that “defendants’ interests can be
protected by conditioning the [41(a)(2)] dismissal without prejudice upon the
payment of appropriate costs and attorney fees.” The Court recommended granting
Petitioner’s motion to dismiss this action, and that this action be dismissed
with prejudice. The Court recommended retaining ancillary jurisdiction to
adjudicate any outstanding issues regarding the attorneys’ fee award.
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