Wells Fargo Bank, N.A. v. Lang et al

Filing 14

ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO DISMISS ACTION VOLUNTARILY. Signed by Judge Richard Seeborg on 12/28/11. (cl, COURT STAFF) (Filed on 12/28/2011)

**E-filed 12/28/11**

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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WELLS FARGO BANK, N.A.,
Plaintiff,
v.
KEN LANG, et al.,

No. C 11-3830 RS
ORDER GRANTING PLAINTIFF’S
MOTION FOR LEAVE TO DISMISS
ACTION VOLUNTARILY

Defendants.
____________________________________/

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This action was removed from Alameda Superior Court, where it was pending as an

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unlawful detainer action, Case No. HG11577800. Plaintiff now seeks leave of court under Rule

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41(a)(2) of the Federal Rules of Civil Procedure to dismiss the action voluntarily. The time for

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submitting opposition to plaintiff’s request has expired, and none has been filed. Pursuant to Civil

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Local Rule 7-1(b), plaintiff’s motion is suitable for disposition without oral argument, and the

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hearing set for January 12, 2012 is vacated.

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While this Court must be satisfied that jurisdiction exists before issuing substantive rulings,

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there appears to be no requirement that it conduct a jurisdictional inquiry before granting a

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plaintiff’s request for voluntary dismissal without imposing conditions. Accordingly, without any

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implication that defendants had a tenable basis to remove this action to this Court, plaintiff’s motion

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for leave to dismiss voluntarily is granted. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: 12/28/11
RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

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THIS IS TO CERTIFY THAT A HARD COPY OF THIS ORDER WAS MAILED TO:
Ken Lang
Deborah I. Lang
27920 Quercus Court
Hayward, CA 94542
DATED: 12/28/11
/s/ Chambers Staff
Chambers of Judge Richard Seeborg

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For the Northern District of California

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