Bank of America, N.A. v. Davis

Filing 17

ORDER Re 16 Stipulation for Dismissal Without Prejudice. Signed by Judge Edward M. Chen on 5/6/2013. (emcsec, COURT STAFF) (Filed on 5/6/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 BANK OF AMERICA, N.A., 9 Plaintiff, 10 v. 11 For the Northern District of California United States District Court No. C-13-0064 EMC LEONARD DAVIS, 12 ORDER RE STIPULATION FOR DISMISSAL WITHOUT PREJUDICE Defendant. ___________________________________/ (Docket Nos. 15-16) 13 14 15 Previously, the Court issued an order to show cause directing Defendant to show cause as to 16 why the case at bar is not moot and should not be remanded. The Court also ordered defense 17 counsel to show cause as to (1) why she should not be sanctioned for her removal of a state court 18 action that had already reached a final judgment and (2) why she should not be sanctioned for 19 removing a case over which there does not appear to be subject matter jurisdiction. The response to 20 the order to show cause was to be filed on May 1, 2013. See Docket No. 15 (order to show cause). 21 On April 30, 2013, Plaintiff and Defendant filed a stipulation for dismissal without prejudice. 22 Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order 23 by filing a stipulation of dismissal signed by all parties who have appeared. See Fed. R. Civ. P. 24 41(a)(1)(A)(ii). The stipulation operates automatically as a dismissal of the action. 25 /// 26 /// 27 /// 28 /// 1 Accordingly, in light of the parties’ stipulated dismissal, the Court hereby orders the Clerk of 2 the Court to close the file in this case. Furthermore, in light of the stipulation, the Court hereby 3 discharges the order to show cause. 4 5 IT IS SO ORDERED. 6 7 Dated: May 6, 2013 8 _________________________ EDWARD M. CHEN United States District Judge 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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