Stevedoring Servs. of Am. v. Armilla Int'l B.V., 889 F.2d 919 (9th Cir. 1989). · Go Syfert
Stevedoring Servs. of Am. v. Armilla Int'l B.V., 889 F.2d 919 (9th Cir. 1989). Cases Citing This Book View Copy Cite
Quick Summary

Payment of a defendant's costs and attorney fees is not a prerequisite to granting a plaintiff's motion for voluntary dismissal without prejudice under Rule 41(a)(2).

A plaintiff moved to voluntarily dismiss a maritime action without prejudice after failing to prove the defendant was the alter ego of a non-paying counterparty. The defendant did not oppose dismissal but requested an order requiring the plaintiff to pay costs and attorney fees. The district court granted the dismissal but denied the fee request, citing the plaintiff's good faith and the substantial preliminary issues litigated. The appellate court reviews the district court's decision for abuse of discretion. The court holds that payment of costs and attorney fees is not a prerequisite to voluntary dismissal under Rule 41(a)(2). Because the district court considered legitimate factors, including the plaintiff's realistic chance of success and good faith, the refusal to impose fees did not constitute an abuse of discretion.

214 citation events (174 in the last 25 years) across 25 distinct courts.
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Cited for
At page 921 Permitting voluntary dismissal under rule 41(a)(2)36 citing casesThe purpose of [Civil Rule 41(a)(2)] is to permit a plaintiff to dismiss an action without prejudice so long as the defendant will not be prejudiced or unfairly affected by dismissal.” (citations omitted)7 citing courts put it this way · passage not found verbatim in the opinion (85%)
  • Coupa Software Inc. v. DCR Workforce, Inc., No. 3:23-cv-03102 (N.D. Cal. Sept. 22, 2023).
    (The purpose of 10 the rule is to permit a plaintiff to dismiss an action without prejudice so long as the defendant will 11 not be prejudiced.)
  • Corbett v. PharmaCare U.S., Inc., No. 3:21-cv-00137 (S.D. Cal. July 20, 2022).
    (The purpose of the rule is to permit a plaintiff to dismiss an action 1 without prejudice so long as the defendant will not be prejudiced, or unfairly affected by 2 dismissal.)
  • Velez v. Il Fornaio (Am.) Corp., No. 3:18-cv-01840-TWR-MDD (S.D. Cal. Oct. 21, 2021).
    (The purpose of the rule is to permit a plaintiff to 11 dismiss an action without prejudice so long as the defendant will not be prejudiced or 12 unfairly affected by dismissal.)
  • Kamal v. Eden Creamery, LLC, No. 3:18-cv-01298 (S.D. Cal. Sept. 29, 2021).
    (The purpose of the rule is to permit a plaintiff to 4 dismiss an action without prejudice so long as the defendant will not be prejudiced or 5 unfairly affected by dismissal.)
  • Youssif Kamal v. Eden Creamery, LLC, 88 F.4th 1268 (9th Cir. 2023).published 3 cites
    “to permit a plaintiff to dismiss an action without prejudice so long as the defendant will not be prejudiced or unfairly affected by dismissal”
  • (PC) Roberson v. Farmbrough, No. 1:21-cv-00990 (E.D. Cal. Aug. 9, 2023).
    Stevedoring Services of America, 889 F.2d at 921.
  • Kriegman v. Ponton, No. 2:22-cv-00307 (W.D. Wash. Nov. 29, 2022).
    (stating that the purpose of Rule 41(a)(2) is “to permit a plaintiff to dismiss an action 6 without prejudice so long as the defendant will not be prejudiced ... or unfairly affected by 7 8 dismissal)
  • Evanston Ins. Co. v. Venture Point, LLC, No. 2:20-cv-01783 (D. Nev. Apr. 7, 2022).
    “for the protection of the defendant”
  • Upper Missouri Waterkeeper v. United States Env't Prot. Agency, No. 4:16-cv-00052 (D. Mont. Apr. 4, 2022). 4 cites
    Stevedoring, 889 F.2d at 921.
  • Upper Missouri Waterkeeper v. United States Env't Prot. Agency, No. 4:20-cv-00027 (D. Mont. Apr. 4, 2022). 4 cites
    Stevedoring, 889 F.2d at 921.
Show 26 more citing cases
  • ThermoLife Int'l LLC v. Neogenis Labs Inc., No. 2:18-cv-02980 (D. Ariz. Oct. 21, 2021). 2 cites
    Cal. 3 1993)). 4 A. Dismissal should be allowed 5 “‘The purpose of Rule 41(a)(2) is to permit a plaintiff to dismiss an action without 6 prejudice so long as the defendant will not be prejudiced or unfairly affected by the 7 dismissal.’” T…
  • Woytenko v. Ochoa, No. 4:19-cv-00413, 2021 WL 763879 (D. Ariz. Feb. 26, 2021). 3 cites
    Stevedoring, 889 F.2d at 921.
  • Kachian Indus. Inc v. Elliott, No. 2:19-cv-00247 (E.D. Wash. Sept. 23, 2020). 2 cites
    ECF No. 21 at 4. 1 Although attorney fees and costs are often awarded as a condition of 2 dismissal without prejudice, the Ninth Circuit has stated that it is neither 3 mandatory nor an abuse of the Court’s discretion if the Court refuses…
  • Conner v. Quora, Inc., No. 5:18-cv-07597 (N.D. Cal. Aug. 10, 2020).
    DISCUSSION 11 As both parties acknowledge, ruling on a Rule 41(a)(2) motion is “addressed to the sound 12 discretion of the District Court.” Westlands Water Dist., 100 F.3d at 97 (quoting Stevedoring 13 Servs., 889 F.2d at 921).
  • Able Indus. Of The Pac. v. Porter, No. 1:09-cv-00019 (D. Guam Mar. 31, 2011).
    Whether to grant a motion for voluntary dismissal 18 under 41(a)(2) is within the “district court’s sound discretion.” Westlands, 100 F.3d at 96 19 (quoting Stevedoring Servs., 889 F.2d at 921). 20 Yokeno argues that dismissal of this matt…
  • Hepp v. Conoco, Inc., 97 F. App'x 124 (9th Cir. 2004).unpublished 2 cites
    We review for abuse of discretion both the district court’s grant of voluntary dismissal, see Westlands Water Dist. v. United States, 100 F.3d 94 , 96 (9th Cir.1996); Stevedoring Servs. of Am. v. Armilla Int’l B.V., 889 F.2d 919 , 921 (9th…
  • Mayes v. Fujimoto, 181 F.R.D. 453 (D. Haw. 1998).published 2 cites
    Stevedoring, 889 F.2d at 921.
  • Westlands Water Dist. v. United States, 100 F.3d 94 (9th Cir. 1996).published 4 cites
    “A motion for voluntary dismissal under Rule 41(a)(2) is addressed to the district court's sound discretion and the court's order will not be disturbed unless the court has abused its discretion”
  • Jones v. Berezay, 815 P.2d 1072 (Idaho 1991).published 2 cites
    Moreover, several courts have specifically held that such payment is not required. 889 F.2d at 921 (citations omitted).
  • Almoian v. Plies, 914 F.2d 261 (9th Cir. 1990).unpublished 2 cites
    Stevedoring Services, 889 F.2d at 921.
  • Edler Adony Lopez Sanches v. Warden, No. 1:26-cv-06592 (E.D. Cal. Sept. 14, 2026).
    See 9 | Stevedoring, 889 F.2d at 921.
  • Kurtis A. Meek v. BP Prods. North Am., Inc., No. 2:25-cv-03318 (E.D. Cal. Sept. 9, 2026).
    See Stevedoring, 889 F.2d at 921.
  • Jose Manuel Delgado Marquez v. Warden, Garden State Annex Det. Facility, No. 1:26-cv-03772 (E.D. Cal. Sept. 2, 2026).
    See 11 |) Stevedoring, 889 F.2d at 921.
  • Jose Luis Fernandez Molina v. Warden, Garden State Annex Det. Facility, No. 1:26-cv-04125 (E.D. Cal. Aug. 28, 2026).
    See 9 | Stevedoring, 889 F.2d at 921.
  • Jessica Ivonne Alamillo Rosa v. Warden of the California City Det. Facility, No. 1:26-cv-02911 (E.D. Cal. June 16, 2026).
    See 6 | Stevedoring, 889 F.2d at 921.
  • Led Wafer Solutions LLC v. Samsung Elec. Co., No. 4:22-cv-04809 (N.D. Cal. June 16, 2026).
    See Stevedoring, 24 889 F.2d at 921.
  • Luis Daniel Martinez Maldonado v. Warden of the Golden State Annex, No. 1:26-cv-03618 (E.D. Cal. June 3, 2026).
    See 5 | Stevedoring, 889 F.2d at 921.
  • Warren v. Allstate Fire & Cas. Ins. Co., No. 1:23-cv-00136 (D. Mont. Sept. 20, 2024).
    See Stevedoring Servs., 889 F.2d at 921; Santa Rosa Mem’l Hosp., 688 Fed.
  • Rodriguez v. PNS Stores, Inc., No. 1:22-cv-01395 (E.D. Cal. Apr. 24, 2023).
    See Stevedoring, 889 F.2d at 921; see also Watson v. Clark, 716 F. Supp. 1 1354, 1355 (D.Nev. 1989) (“motions filed under Fed.R.Civ.P. 41(a)(2) should be liberally granted, as 2 long as no other party is prejudiced”).
  • In re Erling S. Calkins & Elaine S. Calkins (B.A.P. 9th Cir. 2021).unpublished
    (The purpose of [Civil Rule 41(a)(2)] is to permit a plaintiff to dismiss an action without prejudice so long as the defendant will not be prejudiced or unfairly affected by dismissal.” (citations omitted))
  • Isgar v. City of Bakersfield, No. 1:18-cv-00433 (E.D. Cal. June 16, 2020).
    See Stevedoring, 889 F.2d at 921; see also Watson v. Clark, 716 F.Supp. 13 1354, 1355 (D.Nev. 1989) (“motions filed under Fed.R.Civ.P. 41(a)(2) should be liberally granted, as 14 long as no other party is prejudiced”).
  • Eugene L. Young v. Jong Son, 50 F.3d 19 (9th Cir. 1995).unpublished
    "In this circuit, as elsewhere, a district court should grant a motion for voluntary dismissal unless a defendant can show that it will suffer some plain legal prejudice as a result." Waller v. Financial Corp. of America, 828 F.2d 579 , 58…
  • Sayegh, No. 2:24-cv-00277 (D. Ariz. Nov. 6, 2025).
    Importantly, the “[i]mposition 9 of costs and fees as a condition for dismissing without prejudice is not mandatory.” 10 Westlands, 100 F.3d at 97; see also Stevedoring Servs., 889 F.2d at 921 (“Although costs 11 and attorney fees are ofte…
  • Tibbetts v. Syntex Corp., 996 F.2d 1227 (9th Cir. 1993).unpublished
  • Greenspon v. AIG Specialty Ins. Co., No. 1:18-cv-00448 (D. Haw. Aug. 23, 2019).
  • Kamal v. United States Dist. Court for the S. Dist. of California, No. 24-5958 (9th Cir. Mar. 17, 2025).unpublished
At page 922 Considering good faith when denying dismissal costs and fees6 citing casesdeclining to decide whether plaintiff’s good 14 faith can be a factor to consider in determining whether costs should be a condition of 15 dismissal, but upholding denial of costs based on other factors1 citing court put it this way
  • Upstrem, Inc. v. BHFO, Inc., No. 3:20-cv-02160 (S.D. Cal. June 14, 2022). 3 cites
    (declining to decide whether plaintiff’s good 14 faith can be a factor to consider in determining whether costs should be a condition of 15 dismissal, but upholding denial of costs based on other factors)
  • Upper Missouri Waterkeeper v. United States Env't Prot. Agency, No. 4:16-cv-00052 (D. Mont. Apr. 4, 2022). 4 cites
    Stevedoring, 889 F.2d at 921.
  • Upper Missouri Waterkeeper v. United States Env't Prot. Agency, No. 4:20-cv-00027 (D. Mont. Apr. 4, 2022). 4 cites
    Stevedoring, 889 F.2d at 921.
  • Kachian Indus. Inc v. Elliott, No. 2:19-cv-00247 (E.D. Wash. Sept. 23, 2020). 2 cites
    ECF No. 21 at 4. 1 Although attorney fees and costs are often awarded as a condition of 2 dismissal without prejudice, the Ninth Circuit has stated that it is neither 3 mandatory nor an abuse of the Court’s discretion if the Court refuses…
  • Buchsbaum v. Digit. Intelligence Sys., LLC, No. 3:20-cv-00706 (S.D. Cal. July 6, 2021).
    (finding that where a plaintiff raised a 4 ||substantial legal question that, upon adverse determination, was dispositive of the action, 5 || dismissal without prejudice was appropriate without payment of attorney’s fees)
  • Santa Rosa Mem'l Hosp. v. Jennifer Kent, 688 F. App'x 492 (9th Cir. 2017).unpublished 3 cites
    Id.; see Stevedoring, 889 F.2d at 922.
Other citing cases13 with no pin cite or quoted language on record
Show 3 more citing cases
Retrieving the full opinion text from the archive…
STEVEDORING SERVICES OF AMERICA, a Washington corporation Balfour Guthrie Marine, Ltd. (B.C. Canada) Western Stevedoring Company, Ltd.
v.
ARMILLA INTERNATIONAL B.V. Armilla International (London) Ltd., and Ancora Transport, N.V.
Nos. 88-15233, 88-15707.
Court of Appeals for the Ninth Circuit.
Nov 21, 1989.
Published opinion
889 F.2d 919
1989 U.S. App. LEXIS 17456
1989 WL 139399
George L. Waddell, Dorr, Cooper & Hays, San Francisco, Cal, for defendants-appellants., Gordon T. Carey, Jr., Portland, Or., for plaintiffs-appellees.
Norris, Scannlain, Thompson.
Cited by 2 opinions  |  Published
DAVID R. THOMPSON, Circuit Judge:

Armilla International (“Armilla”) appeals the order and judgment of the district court granting Stevedoring Services of America’s (“SSA”) Fed.R.Civ.P. 41(a)(2) motion to voluntarily dismiss without prejudice while denying Armilla’s request to condition such dismissal on a requirement that SSA pay Armilla’s costs and attorney fees. We affirm.

FACTS AND PROCEEDINGS

This case arises out of a contract between SSA and Ancora Transport (“An-cora”). When Ancora did not make payments pursuant to the contract, SSA attempted to attach the proceeds of a contract between Pateo and Armilla, alleging that Armilla was the alter ego of Ancora. However, SSA was unable to meet its burden of proof on the alter ego issue, and accordingly was not permitted to attach Armilla’s assets. Thereafter, SSA moved for voluntary dismissal without prejudice.

Armilla did not oppose dismissal, but requested an order that SSA pay Armilla’s costs and attorney fees. The district court granted SSA’s motion for voluntary dismissal pursuant to Fed.R.Civ.P. 41(a)(2) and dismissed the case without prejudice, ordering that the parties bear their own costs and attorney fees. The court explained that Armilla was not entitled to reimbursement for costs and attorney fees because (1) the defense costs incurred by Armilla were not undertaken unnecessarily, as the case involved a substantial preliminary issue of alter ego, (2) SSA pursued the action[*921] in good faith, with a realistic chance of success, (3) the imposition of costs and attorney fees might discourage future plaintiffs from seeking early dismissal of their actions and instead encourage them to take their chances at trial and (4) the imposition of costs and attorney fees would produce an anomalous result if defendants who could not recover costs and attorney fees if they prevailed at trial, which was the likely result in this case, could nonetheless recover costs and attorney fees upon a plaintiffs voluntary dismissal.

Armilla timely appeals the order and judgment of the district court. We have jurisdiction under 28 U.S.C. § 1291.

ANALYSIS

Rule 41(a)(2) permits a plaintiff, with the approval of the court, to dismiss an action without prejudice at any time. The rule provides in pertinent part:

Except as provided in paragraph (1) of this rule, an action shall not be dismissed at the plaintiffs instance save upon order of the court and upon such terms and conditions as the court deems proper....

Fed.R.Civ.P. 41(a)(2). A motion for voluntary dismissal under Rule 41(a)(2) is addressed to the district court’s sound discretion and the court’s order will not be disturbed unless the court has abused its discretion. Sams v. Beech Aircraft Corp., 625 F.2d 273, 277 (9th Cir.1980).

The purpose of the rule is to permit a plaintiff to dismiss an action without prejudice so long as the defendant will not be prejudiced, Davis v. USX Corp., 819 F.2d 1270, 1273 (4th Cir.1987), or unfairly affected by dismissal. McCants v. Ford Motor Co., Inc., 781 F.2d 855, 856 (11th Cir.1986); LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 604 (5th Cir.1976).

Although costs and attorney fees are often imposed upon a plaintiff who is granted a voluntary dismissal under Fed.R. Civ.P. 41(a)(2), no circuit court has held that payment of the defendant’s costs and attorney fees is a prerequisite to an order granting voluntary dismissal. Moreover, several courts have specifically held that such payment is not required. In Puerto Rico Maritime Shipping Auth. v. Leith, 668 F.2d 46 (1st Cir.1981), as in the present case, the defendants-appellants argued that the district court abused its discretion by granting the plaintiff’s motion for voluntary dismissal without prejudice while refusing to impose the defendants’ costs and attorney fees on the plaintiff. The court stated, “We do not read Rule 41(a)(2) as always requiring the imposition of costs as a condition to a voluntary dismissal, although it is usually considered necessary for the protection of the defendant.” Id. at 51; see also 9 C. Wright & A. Miller, Federal Practice and Procedure § 2366 (1971); New York, C. & St. L. R. Co. v. Vardaman, 181 F.2d 769, 771 (8th Cir.1950); Bready v. Geist, 85 F.R.D. 36, 37 (E.D.Penn.1979); Blackburn v. City of Columbus, Ohio, 60 F.R.D. 197, 198 (S.D. Ohio 1973).

We hold that the district court did not automatically abuse its discretion by refusing to require SSA to pay Armilla’s costs and attorney fees as a condition precedent to an order granting voluntary dismissal without prejudice under Fed.R. Civ.P. 41(a)(2).

Armilla argues that the district court abused its discretion nonetheless because it relied on what Armilla contends were irrelevant factors in denying Armilla’s request for costs and attorney fees. In support of this argument, Armilla points out that other courts have acknowledged the “anomaly” of requiring payment of a defendant’s costs and attorney fees upon granting voluntary dismissal despite the circumstance that the defendant could not recover such fees and costs if the defendant prevailed at trial. See 9 C. Wright & A. Miller, Federal Practice and Procedure § 2366 n. 15 (1971) and cases cited therein. Yet, no court has refused an award of costs and attorney fees under Fed.R.Civ.P. 41(a)(2) on this basis alone. Armilla also argues that a court should not refuse to impose costs and attorney fees based on a policy designed to encourage dismissals.

In the present case, however, the district court considered other factors in denying[*922] Armilla’s request for costs and attorney-fees. One of these other factors was SSA’s good faith in bringing and pursuing the action to the point of dismissal. This circuit has not decided whether or not a plaintiff’s good faith should be considered in deciding whether to impose costs and attorney fees as a condition to voluntary dismissal without prejudice. Other courts have reached conflicting conclusions on this question. Compare Puerto Rico Maritime Shipping Auth. v. Leith, 668 F.2d 46, 50 (1st Cir.1981) (where the court considered the plaintiffs’ good faith) with GAF Corp. v. Transamerica Ins. Co., 665 F.2d 364, 369 (D.C.Cir.1981) (where the court held that good faith is irrelevant).

We need not decide the good faith question here, however, because the district court’s decision denying costs and attorney fees is justified by its consideration of other legitimate factors. The district court explained that SSA had a realistic chance of prevailing on its alter ego theory which was the gravamen of its request for a writ of attachment. The district court commented that the alter ego issue presented a close question which was resolved only after weeks of hearings. When SSA lost on this issue it lost the writ of attachment it had sought. SSA then decided to dismiss the case. Given these circumstances, the district court did not abuse its discretion in refusing to order the payment of Armilla’s costs and attorney fees as a condition precedent to SSA’s voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a)(2).

AFFIRMED.