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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MIKKEL LOWRIE, et al.,

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Plaintiffs,
v.

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For the Northern District of California

United States District Court

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No. C-13-0219 EMC

JPMORGAN CHASE BANK, N.A., et al.,

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ORDER RE PLAINTIFFS’ MOTION TO
DISMISS CASE WITHOUT PREJUDICE

Defendants.
___________________________________/

(Docket No. 19)
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Plaintiffs initiated this lawsuit in January 2013, asserting various claims related to the

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foreclosure of certain real property located in San Mateo, California. In February 2013, all of the

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named defendants (except one who has not made an appearance) moved to dismiss. See Docket No.

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8 (motion). Plaintiffs failed to file a timely opposition to the motion. Thereafter, on March 25,

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2013, Plaintiffs filed a motion to dismiss without prejudice pursuant to Federal Rule of Civil

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Procedure 41.

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Under Rule 41(a), a plaintiff may voluntarily dismiss a lawsuit without a court order “by

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filing . . . a notice of dismissal before the opposing party serves either an answer or a motion for

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summary judgment.” Fed. R. Civ. P. 41(a)(1)(A). “Unless the notice . . . states otherwise, the

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dismissal is without prejudice.” Fed. R. Civ. P. 41(a)(1)(A).

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In the case at bar, no defendant has filed either an answer or a motion for summary

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judgment. At best, some of the defendants have filed a motion to dismiss pursuant to Federal Rule

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of Civil Procedure 12(b)(6). Accordingly, Plaintiffs have the right to voluntary dismissal without

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the need for an order from this Court. The Court therefore instructs the Clerk of the Court to close

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the file in this case pursuant to Plaintiffs’ voluntary dismissal.

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This order disposes of Docket No. 19.

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IT IS SO ORDERED.

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Dated: March 27, 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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