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)

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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

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