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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 SANDRA HUIZAR, 10 11 12 Plaintiff, v. WELLS FARGO BANK, N.A., et al., 13 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. 14 On September 26, 2017, Plaintiffs and Defendant Bank of America, N.A. filed a 15 stipulation voluntary dismissal of their claims against Defendant Bank of America, N.A. (ECF 16 No. 56). Thus, the claims against Defendant Bank of America, N.A. have been terminated, see 17 Fed. R. Civ. P. 41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and 18 dismissed with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the 19 defendant has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing 20 a notice of dismissal under Rule 41(a)(1).”). 21 Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Bank of 22 America, N.A. on the docket. 23 24 IT IS SO ORDERED. 25 26 Dated: September 26, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 27 28 1

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