Nichols v. Stewart Title of Placer et al

Filing 110

ORDER signed by District Judge Troy L. Nunley on 10/28/2020 GRANTING 105 Motion to Dismiss. Plaintiff's First Amended Complaint is DISMISSED with prejudice, and the Clerk of Court is directed to close the case. The parties shall bear their own fees and costs. CASE CLOSED. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TIFFANY NICHOLS,

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No. 2:15-cv-00977-TLN-AC

Plaintiff,
v.

ORDER

STEWART TITLE OF PLACER, INC., et
al.,
Defendant.

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This matter is before the Court on Defendant Stewart Title of Placer, Inc.’s (“Defendant”)

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Motion to Dismiss Plaintiff Tiffany Nichols’s (“Plaintiff”) First Amended Complaint with

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prejudice. (ECF No. 105.)

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Plaintiff filed for bankruptcy while this action was pending. As a result of Plaintiff’s

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bankruptcy, Defendant acquired Plaintiff’s interest in this matter. More specifically, the

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bankruptcy court granted the bankruptcy trustee’s motion to sell property and authorized the sale

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of Plaintiff’s claims in this case to Defendant. (See ECF No. 105-2, Exhs. B, C.) Defendant,

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having stepped into the shoes of Plaintiff, now moves to voluntarily dismiss the FAC with

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prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiff filed a response, in

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which she confirms she no longer has any legal interest in these claims, nor does she desire to

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continue the action. (ECF No. 109.)
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Having considered the briefs submitted and other documents in support of and in

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opposition to the motion, Defendant’s motion is hereby GRANTED. (ECF No. 105.) Plaintiff’s

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First Amended Complaint is DISMISSED with prejudice, and the Clerk of Court is directed to

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close the case. The parties shall bear their own fees and costs.

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IT IS SO ORDERED.
DATED: October 28, 2020

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Troy L. Nunley
United States District Judge

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