Miner, et al. v. Ferranti, et al.

Filing 31

ORDER CLOSING CASE signed by Magistrate Judge Jennifer L. Thurston on 1/25/2016. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAROLYN MINER, et al.,
Plaintiffs,

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v.
BARBARA FERRANTI, et al.,
Defendants.

) Case No.: 1:15-cv-00352 --- JLT
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) ORDER CLOSING CASE
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On the January 22, 2016, Plaintiffs filed a notice of voluntary dismissal. (Doc. 30) The notice

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relies upon Rule 41 of the Federal Rules of Civil Procedure, under which “the plaintiff may dismiss an

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action without a court order by filing: (i) a notice of dismissal before the opposing party serves either

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an answer or a motion for summary judgment; or (ii) a stipulation of dismissal signed by all parties

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who have appeared.” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the

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Court is not required for the dismissal. Fed. R. Civ. P. 41(a)(1)(ii); Wilson v. City of San Jose, 111

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F.3d 688, 692 (9th Cir. 1997).

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Here, Defendants, Chase Home Finance, LLC, Christiana Bank & Trust Co., Lasalle Bank,

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N.A., Washington Mutual Bank, FSB, and Defendants, Fawn Kennedy Dessy, Ronald Dessy, Barbara

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Ferranti, have filed motions to dismiss. (Docs. 18, 23) However, these motions do not prevent

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dismissal without further order of the Court. See Concha v. London, 62 F.3d 1493, 1506 (9th

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Cir.1995). [“Even if the defendant has filed a motion to dismiss, the plaintiff may terminate his action
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voluntarily by filing a notice of dismissal under Rule 41(a)(1).”] Thus, the Clerk of Court is

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DIRECTED to close this action in light of the notice of dismissal without prejudice filed and properly

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signed pursuant to Rule 41(a)(1)(A)(ii).

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IT IS SO ORDERED.
Dated:

January 25, 2016

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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