Mighaccio v. Hatfield Portfolio Group, LLC et al

Filing 15

ORDER Closing Case as to Accelerated Servicing Group, LLC re 14 , signed by Magistrate Judge Jennifer L. Thurston on 9/6/2017. (Hall, S)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14
15
16
17

DAWN MIGHACCIO,

)
)
Plaintiff,
)
v.
)
)
HATFIELD PORTFOLIO GROUP, LLC, )
et al.,
)
)
)
Defendants.
)

Case No.: 1:17-cv-00687-LJO-JLT
ORDER CLOSING CASE AS TO
ACCELERATED SERVICING GROUP,
LLC
(Doc. 14)

On September 5, 2017, the plaintiff filed a notice of voluntary dismissal as to

18

Accelerated Servicing Group, LLC. (Doc. 14) Federal Rules of Civil Procedure Rule 41

19

provides that “the plaintiff may dismiss an action without a court order by filing: (i) a notice of

20

dismissal before the opposing party serves either an answer or a motion for summary judgment .

21

. .” Fed. R. Civ. P. 41(a)(1)(A). Once such a notice has been filed, an order of the Court is not

22

required to make the dismissal effective. Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir.

23

1997). Accordingly, the Clerk of Court is DIRECTED to close this action as to Accelerated

24

Servicing Group, LLC only in light of the notice of voluntary dismissal without prejudice filed

25

and properly signed pursuant to Rule 41(a).

26
27
28

IT IS SO ORDERED.
Dated:

September 6, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE