Mitchell v. Deutsche Bank National Trust Company et al

Filing 39

ORDER RE REINSTATMENT OF REGIONAL SERVICES CORPORATION AS A DEFENDANT. Signed by Judge Jeffrey S. White on 3/14/14. (jjoS, COURT STAFF) (Filed on 3/14/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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S.R. MITCHELL,

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No. C 13-04212 JSW

Plaintiff,
v.
DEUTSHE BANK TRUST COMPANY, ET
AL.,

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ORDER RE ACCIDENTAL
DISMISSAL OF REGIONAL
SERVICES CORPORATION

Defendants.
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Plaintiff has filed a number of papers in this matter in a bungled effort to dismiss two

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out of the three defendants in this matter. The Court accepts the dismissal of Defendant

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Deutsche Bank National Trust Company and One West Bank, FSB and terminates those

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defendants from the case. However, it is clear that although a dismissal of Defendant Regional

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Services Corporation was filed on March 12, 2014, it was done so in error. Plaintiff represents

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in her latest filing that because the “accidental dismissal cannot be recalled,” she intends to

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refile the entire matter as a new case against Regional Services Corporation, a company that has

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already filed a motion to dismiss as well as a motion for sanctions in this matter.

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It appears to the Court that the dismissal of Regional Services Corporation was in error

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and that, for the sake of efficiency, the dismissal should be disregarded. The Court HEREBY

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ORDERS Defendant Regional Services Corporation to respond to the Court’s intention

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to reinstate the company as a defendant and to continue this litigation to determine the merits of

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Defendant’s fully-briefed motions. By no later than Monday, March 17, 2014, Defendant

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Regional Services Corporation shall file a response to this order indicating its position on the

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course of this litigation.

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IT IS SO ORDERED.
Dated: March 13, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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