Lowrie et al v. JPMorgan Chase Bank, N.A. et al

Filing 20

ORDER by Judge Edward M. Chen Re 19 Plaintiffs' Motion to Dismiss Case Without Prejudice. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 3/27/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 MIKKEL LOWRIE, et al., 9 Plaintiffs, v. 11 For the Northern District of California United States District Court 10 No. C-13-0219 EMC JPMORGAN CHASE BANK, N.A., et al., 12 ORDER RE PLAINTIFFS’ MOTION TO DISMISS CASE WITHOUT PREJUDICE Defendants. ___________________________________/ (Docket No. 19) 13 14 15 Plaintiffs initiated this lawsuit in January 2013, asserting various claims related to the 16 foreclosure of certain real property located in San Mateo, California. In February 2013, all of the 17 named defendants (except one who has not made an appearance) moved to dismiss. See Docket No. 18 8 (motion). Plaintiffs failed to file a timely opposition to the motion. Thereafter, on March 25, 19 2013, Plaintiffs filed a motion to dismiss without prejudice pursuant to Federal Rule of Civil 20 Procedure 41. 21 Under Rule 41(a), a plaintiff may voluntarily dismiss a lawsuit without a court order “by 22 filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for 23 summary judgment.” Fed. R. Civ. P. 41(a)(1)(A). “Unless the notice . . . states otherwise, the 24 dismissal is without prejudice.” Fed. R. Civ. P. 41(a)(1)(A). 25 In the case at bar, no defendant has filed either an answer or a motion for summary 26 judgment. At best, some of the defendants have filed a motion to dismiss pursuant to Federal Rule 27 of Civil Procedure 12(b)(6). Accordingly, Plaintiffs have the right to voluntary dismissal without 28 1 the need for an order from this Court. The Court therefore instructs the Clerk of the Court to close 2 the file in this case pursuant to Plaintiffs’ voluntary dismissal. 3 This order disposes of Docket No. 19. 4 5 IT IS SO ORDERED. 6 7 Dated: March 27, 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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