Bettancourt v. American Auto Financing, Inc. et al

Filing 16

ORDER directing Clerk of Court to terminate Defendant, American Auto Financing, Inc. re 15 signed by District Judge Dale A. Drozd on 8/29/2016. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS B. BETTANCOURT, 12 Plaintiff, 13 14 15 v. AMERICAN AUTO FINANCING, INC., and EXPERIAN SOLUTIONS, INC., No. 1:16-cv-00923-DAD-SAB ORDER DIRECTING THE CLERK OF THE COURT TO TERMINATE DEFENDANT AMERICAN AUTO FINANCING, INC. (Doc. No. 15) Defendants. 16 17 On August 25, 2016, plaintiff filed a notice of voluntary dismissal with prejudice of 18 19 defendant American Auto Financing, Inc. pursuant to Federal Rule of Civil Procedure 20 41(a)(1)(A)(i), with each party to bear its own attorneys’ fees and costs. (Doc. No. 15.) 21 American Auto Financing, Inc. has not filed a responsive pleading in this action. In light of this, 22 defendant American Auto Financing, Inc. has been terminated, see Federal Rule of Civil 23 Procedure 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and has 24 been dismissed with prejudice. Accordingly, the court directs the Clerk of Court to terminate 25 defendant American Auto Financing, Inc. from this action. 26 IT IS SO ORDERED. 27 Dated: August 29, 2016 UNITED STATES DISTRICT JUDGE 28 1

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