Harley-Davidson Credit Corp. v. Kutumian et al

Filing 43

ORDER Lifting Stay And Closing Case In Light Of Voluntary Dismissal (Doc.No. 42 ), signed by District Judge Anthony W. Ishii on 4/1/2015. CASE CLOSED.(Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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HARLEY-DAVIDSON CREDIT CORP.,

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Plaintiff

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CASE NO. 1:12-CV-2077 AWI BAM
ORDER LIFTING STAY AND CLOSING
CASE IN LIGHT OF VOLUNTARY
DISMISSAL

v.
JERRY H. KUTUMIAN, and ZOVINAR
DEVELOPMENT, LLC,

(Doc. No. 42)
Defendants

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On July 7, 2013, Defendant Jerry Kutumian (“Kutumian”) filed a notice of bankruptcy.
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See Doc. No. 28. In response, the Court stayed the case as to Kutumian. See Doc. No. 30.
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On November 13, 2013, the Court adopted Findings and Recommendations that
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recommended granting default judgment against Defendant Zovinar Development, LLC
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(“Zovinar”). See Doc. No. 36. The case remained stayed as to Kutumian, and Plaintiff was
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ordered to file status reports. See id. Judgment was entered against Zovinar the same day. See
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Doc. No. 37.
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On March 31, 2015, Plaintiff filed a status report regarding Kutumian. See Doc. No. 42.
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In that report, Plaintiff indicates that Kutumian’s bankruptcy is complete. See id. Importantly, the
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status report also states that Plaintiff voluntarily dismisses this action against Kutumian. See id.
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In pertinent part, Rule 41(a)(1) reads: “the plaintiff may dismiss an action without a court

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order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a
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motion for summary judgment.” Fed. R. Civ. P. 41(a)(1)(A)(i). Rule 41(a)(1) dismissals are
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effective on filing and no court order is required. Wilson v. City of San Jose, 111 F.3d 688, 692
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(9th Cir. 1997).
Here, because Kutumian has filed no answer or summary judgment motion, and because

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judgment has already been entered against the only other defendant, Plaintiff’s voluntary dismissal

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of Kutumian has terminated this case. The Court will order the clerk to close this matter.

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Accordingly, IT IS HEREBY ORDERED that the Clerk shall CLOSE this case in light of
Plaintiff’s voluntary dismissal of the remaining defendant, Jerry H. Kutumian.

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IT IS SO ORDERED.
Dated: April 1, 2015
SENIOR DISTRICT JUDGE

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