Koepsell v. USAA, et al

Filing 32

ORDER signed by Judge Lawrence K. Karlton on 5/24/2012 ORDERING 30 Motion to Dismiss is GRANTED; this action is DISMISSED in its entirety, with prejudice, with each side to bear its own costs; the 7/9/2012 hearing is VACATED; and all other pending motions in this case are DENIED as MOOT. CASE CLOSED. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA TONI KOEPSELL,
an individual,
NO. CIV. S-11-1772 LKK/DAD

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Plaintiff,
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v.

O R D E R

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USAA aka UNITED SERVICES
AUTOMOBILE ASSOCIATION, a
form of business unknown and
USAA FEDERAL SAVINGS BANK,
a form of business unknown,

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Defendants.

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/
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Plaintiff Patricia Toni Koepsell requests an order voluntarily

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dismissing this action, with prejudice, and with each side to bear

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its own costs, pursuant to Fed. R. Civ. P. 41(a)(2).

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remaining defendant, USAA Federal Savings Bank, has not filed an

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answer or a motion for summary judgment in this case.

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therefore may dismiss this action as of right, even without a court

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The sole

Plaintiff

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order, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).1

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Accordingly,

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Plaintiff’s motion (Dkt. No. 30), is GRANTED, and this

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action is dismissed in its entirety, with prejudice, with each side

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to bear its own costs;

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2.

The July 9, 2012 hearing on this motion is VACATED; and

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3.

All other pending motions in this case (Dkt. Nos. 19, 28

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and 29), including those pending before the Magistrate Judge, are

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DENIED as moot.

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IT IS SO ORDERED.

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DATED:

May 24, 2012.

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Plaintiff’s request may therefore be granted without the
need for a hearing or adversary briefing.
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