Jones v. Ocwen Mortgage Servicing, Inc. et al

Filing 13

ORDER Directing the Clerk of the Court to Terminate Defendant Ocwen Mortgage Servicing, Inc., signed by Magistrate Judge Erica P. Grosjean on 07/13/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALICE JONES,

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Plaintiff

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Case No. 1:17-cv-00655-LJO-EPG

v.

ORDER DIRECTING THE CLERK OF
THE COURT TO TERMINATE
DEFENDANT OCWEN MORTGAGE
SERVICING, INC

OCWEN LOAN SERVICING, LLC, et al.,
(ECF No. 12)

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Defendants.

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On July 13, 2017, Plaintiff Alice Jones filed a notice of voluntary dismissal dismissing her
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claims against Defendant Ocwen Mortgage Servicing, Inc. without prejudice. (ECF No. 12.)
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Defendant Ocwen Mortgage Servicing, Inc. has not filed an answer or motion for summary
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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 13, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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