Huizar v. Wells Fargo Bank, N.A. et al

Filing 57

ORDER Directing the Clerk of Court to Terminate Defendant Bank of America, N.A. signed by Magistrate Judge Erica P. Grosjean on 9/26/2017. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRA HUIZAR,

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Plaintiff,
v.
WELLS FARGO BANK, N.A., et al.,

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Case No. 1:17-cv-00322-LJO-EPG
ORDER DIRECTING THE CLERK OF
THE COURT TO TERMINATE
DEFENDANT BANK OF AMERICA, N.A.
(ECF No. 56)

Defendants.

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On September 26, 2017, Plaintiffs and Defendant Bank of America, N.A. filed a
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stipulation voluntary dismissal of their claims against Defendant Bank of America, N.A. (ECF
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No. 56). Thus, the claims against Defendant Bank of America, N.A. have been terminated, see
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Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and
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dismissed with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the

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defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing
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a notice of dismissal under Rule 41(a)(1).”).

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Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Bank of
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America, N.A. on the docket.
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IT IS SO ORDERED.

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Dated:

September 26, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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