Sample motion for dismissal under Rule 41 in United States District Court

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This sample motion for dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure is used to request a Court order dismissing the case on the grounds that the Defendant or Defendants will not suffer any legal prejudice if the motion is granted and the case is dismissed.  The sample includes brief instructions, a memorandum of points and authorities with citations to case law and statutory authority, sample declaration and proof of service. The author is an entrepreneur and freelance paralegal that has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for sale. Note that the author is NOT an attorney and no guarantee or warranty is provided.