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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BANK OF AMERICA, N.A.,

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Plaintiff,

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v.

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For the Northern District of California

United States District Court

No. C-13-0064 EMC

LEONARD DAVIS,

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ORDER RE STIPULATION FOR
DISMISSAL WITHOUT PREJUDICE

Defendant.
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(Docket Nos. 15-16)
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Previously, the Court issued an order to show cause directing Defendant to show cause as to

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why the case at bar is not moot and should not be remanded. The Court also ordered defense

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counsel to show cause as to (1) why she should not be sanctioned for her removal of a state court

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action that had already reached a final judgment and (2) why she should not be sanctioned for

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removing a case over which there does not appear to be subject matter jurisdiction. The response to

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the order to show cause was to be filed on May 1, 2013. See Docket No. 15 (order to show cause).

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On April 30, 2013, Plaintiff and Defendant filed a stipulation for dismissal without prejudice.

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Under Federal Rule of Civil Procedure 41(a), a plaintiff may dismiss an action without a court order

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by filing a stipulation of dismissal signed by all parties who have appeared. See Fed. R. Civ. P.

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41(a)(1)(A)(ii). The stipulation operates automatically as a dismissal of the action.

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Accordingly, in light of the parties’ stipulated dismissal, the Court hereby orders the Clerk of

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the Court to close the file in this case. Furthermore, in light of the stipulation, the Court hereby

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discharges the order to show cause.

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IT IS SO ORDERED.

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Dated: May 6, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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