Bruce Bandel v. United States of America

Filing 40

ORDER RE: DISMISSAL OF ACTION WITHOUT PREJUDICE by Judge Dale S. Fischer: Please refer to the Court's order for specifics. (Case Terminated. Made JS-6.) (cr)

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JS 6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION

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BRUCE BANDEL,
Plaintiff,

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v.

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UNITED STATES OF AMERICA,

Case No. CV 15-10024-DSF (DFM)
ORDER RE: DISMISSAL OF
ACTION WITHOUT
PREJUDICE

Defendant.

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On July 31, 2017, Plaintiff filed a motion to dismiss this action. See Dkt.

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37. Because Defendant has filed a motion for partial summary judgment, see

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Dkt. 21, the Court deemed Plaintiff’s motion to be made under Fed. R. Civ. P.

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41(a)(2) and accordingly ordered Defendant to file any opposition to an order

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of dismissal without prejudice within 7 days, see Dkt. 38. On August 22, 2017,

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Defendant filed a statement of non-opposition and requested that the Court

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grant Plaintiff’s motion and dismiss this action without prejudice. See Dkt. 39.

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This Court has conducted a de novo review of Plaintiff’s motion and

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Defendant’s statement of non-opposition. Plaintiff’s motion is GRANTED

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and IT IS THEREFORE ORDERED that this action be dismissed without

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prejudice under Federal Rule of Civil Procedure 41(a)(2).

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8/31/17

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Dated: __________________
______________________________
DALE S. FISCHER
United States District Judge

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Presented by:
______________________________
DOUGLAS F. McCORMICK
United States Magistrate Judge

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