WILLIAM S. DUFFEY, Jr., District Judge.
This matter is before the Court on Plaintiff Hilda Solis's ("Plaintiff') Motion to Dismiss the Case without Prejudice [80].
On October 6, 2014, Plaintiff moved to dismiss all claims against Defendant Andries Stephan Bates ("Defendant") without prejudice because Defendant has been deported, and he is prohibited from entering the United States. On September 29, 2014, Plaintiff requested the Defendant to agree to a Consent Order that purports to permanently enjoin Defendant from serving as a fiduciary, trustee, agent, or representative in any capacity to an employee benefit plan, as defined by the Employee Retirement Security Act of 1974.
Under Rule 41(a)(2) of the Federal Rules of Civil Procedure, an action may be dismissed without prejudice, at the plaintiff's request, by Court Order on terms that the Court considers proper. Fed. R. Civ. P. 41(a)(2). The Court has broad discretion to determine whether to allow a voluntary dismissal under Rule 41(a)(2).
The Court concludes that Defendant's inability to physically participate in the proceedings related to this case warrants a grant of voluntary dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure. The Court finds that there is no basis to conclude that Defendant will be prejudiced by the dismissal of this action, and the "mere prospect of a subsequent lawsuit" does not constitute prejudice under Rule 41(a)(2) of the Federal Rules of Civil Procedure.
Plaintiff requests to reopen this case at a later date to file a Consent Order if Defendant agrees to the terms of the Consent Order proposed by Plaintiff. The Court will allow the case to be reopened to consider a request to file the Consent Order if signed by Defendant, and whether it would be appropriate, at that time, to change the character of the dismissal.
Accordingly, for the foregoing reasons,