Brandt v. Ocwen Mortgage Servicing, Inc. et al

Filing 19

ORDER Directing the Clerk of the Court to Terminate Defendant Ocwen Mortgage Servicing, Inc. 18 , signed by Magistrate Judge Erica P. Grosjean on 7/27/17: This case shall proceed against Defendant Ocwen Loan Servicing, LLC. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ELIZABETH BRANDT,

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Plaintiff

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v.

Case No. 1:17-cv-00643-LJO-EPG
ORDER DIRECTING THE CLERK OF
THE COURT TO TERMINATE
DEFENDANT OCWEN MORTGAGE
SERVICING, INC

OCWEN LOAN SERVICING, LLC, et al.,
(ECF No. 18)

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Defendants.

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On July 13, 2017, Plaintiff Elizabeth Brandt filed a notice of voluntary dismissal
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dismissing her claims against Defendant Ocwen Mortgage Servicing, Inc. without prejudice.
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(ECF No. 18.) Defendant Ocwen Mortgage Servicing, Inc. has not filed an answer or motion for
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summary judgment.
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In light of Plaintiff’s notice, the claims against Defendant Ocwen Mortgage Servicing,

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Inc. have been terminated, see Fed. R. Civ. P. 41(a)(1)(A)(i); Wilson v. City of San Jose, 111 F.3d
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688, 692 (9th Cir. 1997), and dismissed without prejudice. Concha v. London, 62 F.3d 1493,
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1506 (9th Cir. 1995) (“Even if the defendant has filed a motion to dismiss, the plaintiff may
terminate his action voluntarily by filing a notice of dismissal under Rule 41(a)(1).”).

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Accordingly, the Clerk of the Court is DIRECTED to terminate Ocwen Mortgage
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Servicing, Inc. as a Defendant in this case.
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This case shall proceed against Defendant Ocwen Loan Servicing, LLC.

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IT IS SO ORDERED.
Dated:

July 27, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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