Mitchell v. Deutsche Bank National Trust Company et al

Filing 37

ORDER RE ACCIDENTAL DISMISSAL OF REGIONAL SERVICES CORPORATION. Signed by Judge Jeffrey S. White on March 13, 2014. (jswlc2, COURT STAFF) (Filed on 3/13/2014)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 S.R. MITCHELL, 12 13 14 No. C 13-04212 JSW Plaintiff, v. DEUTSHE BANK TRUST COMPANY, ET AL., 15 ORDER RE ACCIDENTAL DISMISSAL OF REGIONAL SERVICES CORPORATION Defendants. 16 / 17 18 Plaintiff has filed a number of papers in this matter in a bungled effort to dismiss two 19 out of the three defendants in this matter. The Court accepts the dismissal of Defendant 20 Deutsche Bank National Trust Company and One West Bank, FSB and terminates those 21 defendants from the case. However, it is clear that although a dismissal of Defendant Regional 22 Services Corporation was filed on March 12, 2014, it was done so in error. Plaintiff represents 23 in her latest filing that because the “accidental dismissal cannot be recalled,” she intends to 24 refile the entire matter as a new case against Regional Services Corporation, a company that has 25 already filed a motion to dismiss as well as a motion for sanctions in this matter. 26 It appears to the Court that the dismissal of Regional Services Corporation was in error 27 and that, for the sake of efficiency, the dismissal should be disregarded. The Court HEREBY 28 ORDERS Defendant Regional Services Corporation to respond to the Court’s intention 1 to reinstate the company as a defendant and to continue this litigation to determine the merits of 2 Defendant’s fully-briefed motions. By no later than Monday, March 17, 2014, Defendant 3 Regional Services Corporation shall file a response to this order indicating its position on the 4 course of this litigation. 5 6 7 IT IS SO ORDERED. Dated: March 13, 2014 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 8 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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