Fagundes v. JPMorgan Chase Bank, et al

Filing 38

ORDER signed by Magistrate Judge Dale A. Drozd on 11/5/14 DENYING without prejudice 30 Motion to Vacate. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICK FAGUNDES,

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Plaintiff,

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No. 2:13-cv-0797 TLN DAD PS

v.

ORDER

JP MORGAN CHASE BANK, N.A., et al.,

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Defendants.

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On December 18, 2013, plaintiff filed a document entitled “NOTICE OF DISMISSAL . . .

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. under Federal Rule of Civil Procedure 41(a)(1)(A)(i)” resulting in the dismissal of this action

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without any further order from the court. (Dkt. No. 28.) Accordingly, this action was closed on

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January 6, 2014, pursuant to plaintiff’s notice of voluntary dismissal.

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On October 16, 2014, plaintiff filed a “Motion to Vacate Voluntary Dismissal and

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Reinstate Civil Action.” (Dkt. No. 30.) That motion, however, is not noticed for hearing before

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the undersigned in violation of the Local Rules. Moreover, plaintiff’s motion to vacate fails to

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address why this court should vacate the previous order of dismissal and reinstate this action. See

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Nelson v. Napolitano, 657 F.3d 586, 589 (7th Cir. 2011) (relief from voluntary dismissal pursuant

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to “Rule 60(b) is an extraordinary remedy granted only in exceptional circumstances”); Schmier

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v. McDonald’s LLC, 569 F.3d 1240, 1243 (10 Cir. 2009) (same).

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to vacate his notice of

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voluntary dismissal (Dkt. No. 30) is denied without prejudice.

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Dated: November 5, 2014

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DAD:6
Ddad1\orders.pro se\fagundes0797.mot.ftn.ord.docx

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