Garcia v. Southwestern & Pacific Specialty Finance, Inc.

Filing 27

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 7/25/13. (lrc, COURT STAFF) (Filed on 7/25/2013)

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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7 ANNMARIE GARCIA, individually and on

Case No: C 13-2215 SBA

behalf of All Others Similarly Situated,
DISMISSAL ORDER

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Plaintiff,
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vs.
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SOUTHWESTERN & PACIFIC
11 SPECIALTY FINANCE, INC. dba CHECK

'N GO, and Ohio corporation; and Does 1
12 through 20, inclusive,
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Defendants.

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On April 15, 2013, Plaintiff Annmarie Garcia ("Plaintiff") commenced the instant
action in the Superior Court of California, County of San Francisco against Defendant
Southwestern & Pacific Specialty Finance, Inc. dba Check 'n Go ("Defendant"), alleging
violations of California Finance Lenders Law, Financial Code § 22302, et seq., and
California Business and Professions Code § 17200, et seq. Compl., Dkt. 1. The action was
removed to this Court pursuant to the Class Action Fairness Act ("CAFA"), 28 U.S.C. §
1332(d). Notice of Removal, Dkt. 1.
On June 25, 2013, Defendant filed a motion to compel arbitration and stay
proceedings. Dkt. 17. On July 23, 2013, the parties filed a stipulation stating that the
"[c]ase will be submitted to binding arbitration per loan agreement." Dkt. 24. Also on July
23, 2013, Plaintiff filed a response to the motion to compel arbitration and stay
proceedings. Dkt. 25. In her response, Plaintiff states that she "will submit her claims to
binding arbitration per the Installment Loan Agreement. The issues raised by defendant's
motion are therefore moot, and the case should be dismissed without prejudice." Id. The

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Court construes Plaintiff's response to the motion to compel arbitration and stay

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proceedings as a notice of voluntary dismissal under Rule 41(a)(1) of the Federal Rules of

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Civil Procedure.

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Accordingly,

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IT IS HEREBY ORDERED THAT:

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This action is DISMISSED without prejudice.

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2.

The Clerk shall close the file and terminate all pending matters.

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IT IS SO ORDERED.

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Dated: 7/25/13
________________________________
SAUNDRA BROWN ARMSTRONG
United States District Judge

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