Monet v. Chase Home Finance, LLC

Filing 91

ORDER DISMISSING CLAIMS AGAINST CHASE HOME FINANCE LLC WITH PREJUDICE. Signed by Judge Lucy Koh on October 14, 2011. (jflc1, COURT STAFF) (Filed on 10/14/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 SAN JOSE DIVISION 8 9 United States District Court For the Northern District of California 10 11 12 13 14 CHRIS MONET, ) ) Plaintiff, ) v. ) ) CHASE HOME FINANCE LLC, and DOES 1- ) 30, ) ) Defendants. ) ) Case No.: 10-CV-00135-LHK ORDER DISMISSING CLAIMS AGAINST CHASE HOME FINANCE LLC WITH PREJUDICE On October 14, 2011, Plaintiff filed a Notice of Voluntary Dismissal “dismissing all claims 15 in this action as to Defendant CHASE HOME FINANCE LLC.” ECF No. 90. Where a litigant 16 seeks dismissal after the opposing party serves either an answer or a motion for summary 17 judgment, the action may be dismissed only by court order. Fed. R. Civ. P. 41. As Defendant 18 Chase Home Finance has not filed any counterclaims in this action, the Court orders all claims 19 against Chase Home Finance DISMISSED WITH PREJUDICE. 20 In addition, the Court orders Plaintiff to indicate by October 17, 2011 whether he intends to 21 dismiss his Doe claims. Otherwise, the final pre-trial conference in this case remains as set on 22 October 19, 2011 and trial remains as set on October 24, 2011. 23 24 IT IS SO ORDERED. 25 Dated: October 14, 2011 _________________________________ LUCY H. KOH United States District Judge 26 27 28 1 Case No.: 10-CV-00135-LHK ORDER DISMISSING CASE WITH PREJUDICE

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