Marquez et al v. Wells Fargo Bank, N.A. et al

Filing 37

ORDER RE DISMISSAL. Signed by Judge Hamilton on 10/31/2013. (pjhlc1, COURT STAFF) (Filed on 10/31/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ROBERTO MARQUEZ, et al.,

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v.

No. C 13-2819 PJH
ORDER RE DISMISSAL

WELLS FARGO BANK, N.A., et al.,
Defendants.
_______________________________/

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For the Northern District of California

United States District Court

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Plaintiffs,

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Plaintiffs filed the above-entitled action against defendants Wells Fargo Bank, N.A.

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(“Wells Fargo”) and Cal Western Reconveyance (“Cal Western”) on May 20, 2013 in the

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Superior Court of California, County of San Mateo. On July 19, 2013, Wells Fargo

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removed the case to this court. Cal-Western has not entered an appearance.

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On September 19, 2013, the court granted Wells Fargo’s motion to dismiss, without

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leave to amend, and denied plaintiffs’ motion to remand. On September 18, 2013, Wells

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Fargo lodged a proposed form of judgment.

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On October 31, 2013, plaintiffs filed a notice of voluntary dismissal pursuant to

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Federal Rule of Civil Procedure 41(a)(1), stating that they were dismissing all claims in this

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action without prejudice “as to all remaining [d]efendants.” The sole defendant remaining in

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the case is Cal-Western. In accordance with plaintiffs’ notice of voluntary dismissal,

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defendant Cal-Western is hereby DISMISSED from the case.

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The October 31, 2013 initial case management conference is VACATED.

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IT IS SO ORDERED.

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Dated: October 31, 2013

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______________________________
PHYLLIS J. HAMILTON
United States District Judge