Reignierd et al v. Bank of America, N.A.

Filing 32

ORDER OVERRULING DEFENDANT'S OBJECTION TO PLAINTIFF'S REQUEST FOR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Ronald M. Whyte on September 4, 2012. (rmwlc2, COURT STAFF) (Filed on 9/4/2012)

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E-FILED on

9/4/12

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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CHRISTOPHER REIGNIERD and SAEKO
REIGNIERD,

No. 11-cv-05750-RMW

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Plaintiffs,
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ORDER OVERRULING DEFENDANT’S
OBJECTION TO PLAINTIFF’S REQUEST
FOR DISMISSAL WITHOUT PREJUDICE

v.
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BANK OF AMERICA, N.A., a national
banking association; and DOES 1-200,
inclusive,

[Re Docket Nos. 29, 30]

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Defendants.
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On August 23, 2012, plaintiffs filed a “request for dismissal without prejudice” of the First
Amended Complaint (“FAC”). Defendant objected, arguing that the court should adopt its tentative
order dismissing the case with prejudice. However, defendant provided no authority showing that a
court may dismiss an action with prejudice after the filing of a notice of dismissal under Fed. R. Civ.
P. 41(a), which allows a plaintiff to dismiss an action without a court order at any time before a
defendant has filed an answer or a motion for summary judgment. Accordingly, defendant’s
objection is overruled. The court construes Dkt. No. 29 as a notice of dismissal under Fed. R. Civ.

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P. 41(a). The FAC is thus dismissed without prejudice.
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ORDER OVERRULING DEFENDANT’S OBJECTION TO PLAINTIFF’S REQUEST FOR DISMISSAL WITHOUT PREJUDICE
—No. 11-cv-05750-RMW

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DATED:___9/4/12__________

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RONALD M. WHYTE
United States District Judge

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United States District Court
For the Northern District of California

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ORDER OVERRULING DEFENDANT’S OBJECTION TO PLAINTIFF’S REQUEST FOR DISMISSAL WITHOUT PREJUDICE
—No. 11-cv-05750-RMW

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