Monet v. Chase Home Finance, LLC

Filing 93

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Lucy Koh on October 17, 2011. (jflc1, COURT STAFF) (Filed on 10/17/2011)

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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 CHRIS MONET, ) ) Plaintiff, ) v. ) ) CHASE HOME FINANCE LLC, and DOES 1- ) 30, ) ) Defendants. ) ) Case No.: 10-CV-00135-LHK ORDER DISMISSING CASE WITH PREJUDICE 14 On October 14, 2011, Plaintiff dismissed with prejudice all claims against the only known 15 defendant in this case, Chase Home Finance LLC. ECF No. 90. The Court then ordered Plaintiff 16 to clarify whether he wished to dismiss any remaining claims against Doe defendants. Plaintiff 17 responded that because there are no Doe defendants named in this case, “dismissal is not 18 necessary.” ECF No. 92. However, once an action is filed, it remains pending until dismissed by 19 one of the parties or the Court. See Fed. R. Civ. P. 41. The Court will construe Plaintiff’s response 20 as a motion to dismiss any remaining claims, and hereby orders this case in its entirety 21 DISMISSED WITH PREJUDICE. The Clerk shall close the file. 22 23 IT IS SO ORDERED. 24 Dated: October 17, 2011 _________________________________ LUCY H. KOH United States District Judge 25 26 27 28 1 Case No.: 10-CV-00135-LHK ORDER DISMISSING CASE WITH PREJUDICE

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