Mendez v. Greenpoint Mortgage Funding Inc. et al
Filing
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ORDER signed by Magistrate Judge Dale A. Drozd on 11/18/12: The findings and recommendations issued October 30, 2012, 33 are vacated. Defendants' motions to dismiss 5 , 13 , 22 , & 26 , having been rendered moot by plaintiff's voluntary dismissal, are denied. This action is closed. (Kaminski, H)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MARIA VICTORIA MENDEZ,
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Plaintiff,
No. 2:12-cv-01491 JAM DAD PS
v.
GREENPOINT MORTGAGE
FUNDING INC, et al.,
ORDER
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Defendants.
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/
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Plaintiff, proceeding pro se, commenced this action on June 4, 2012, by paying
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the required filing fee and filing a complaint. (Doc. No. 1.) The matter has been referred to the
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undersigned for all purposes encompassed by Local Rule 302(c)(21).
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In an order issued October 10, 2012, the undersigned ordered plaintiff to show
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cause in writing no later than October 24, 2012, as to why sanctions should not be imposed due
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to her failure to file timely opposition or non-opposition to the motions to dismiss filed by
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defendants and for failing to appear at the properly noticed hearing of those motions. (Doc. No.
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31 at 3.)
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Believing that plaintiff had not responded to the Court’s October 10, 2012 order,
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on October 29, 2012 the undersigned signed findings and recommendations recommending that
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defendants’ motions to dismiss be deemed unopposed and, so deemed, be granted and that
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plaintiff’s claims against all defendants be dismissed with prejudice due to lack of prosecution.
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(Doc. No. 33.) However, also on October 29, 2012 that same day, the Clerk of the Court
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docketed a notice of voluntary dismissal filed by plaintiff on October 26, 2012 which was dated
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October 24, 2012. (Doc. No. 32.)
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No defendant has filed an answer or a motion for summary judgment. Therefore,
plaintiff’s voluntary dismissal of this action is proper pursuant to Rule 41(a)(1)(A)(i).
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Accordingly, IT IS ORDERED that:
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1. The findings and recommendations issued October 30, 2012, (Doc. No. 33) are
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vacated;
2. Defendants’ motions to dismiss (Doc. Nos. 5, 13, 22, & 26), having been
rendered moot by plaintiff’s voluntary dismissal, are denied; and
3. This action is closed.
DATED: November 18, 2012.
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DAD:6
Ddad1\orders.pro se\mendez1491.voldism
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