Banh et al v. U.S. Bank, N.A. et al

Filing 20

ORDER DISMISSING ACTION. Signed by Judge Lucy H. Koh on 7/24/2012. (lhklc1, COURT STAFF) (Filed on 7/24/2012)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

NORTHERN DISTRICT OF CALIFORNIA

9

SAN JOSE DIVISION

United States District Court
For the Northern District of California

10
11

BRUCE GIAC TRUONG BANH; and
LEHANG PHAM,
Plaintiffs,

12
13
14
15

v.
U.S. BANK, N.A.; and MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS,
INC.,
Defendants.

16

)
)
)
)
)
)
)
)
)
)
)
)
)

CASE NO.: 12-CV-01446-LHK
ORDER DISMISSING ACTION

17
On July 24, 2012, Plaintiffs filed a notice of dismissal. Pursuant to Federal Rule of Civil
18
Procedure 41(a), a plaintiff may dismiss an action without a court order by filing “a notice of
19
dismissal before the opposing party serves either an answer or a motion for summary judgment.”
20
Fed. R. Civ. P. 41(a)(1)(A)(i); see also Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir.
21
1997) (“The dismissal is effective on filing [of a notice of dismissal] and no court order is
22
required.”). Here, Defendants have served neither an answer nor a motion for summary judgment.
23
Accordingly, this action is dismissed without prejudice. All parties shall bear their own costs and
24
fees. The Clerk shall close the file.
25
IT IS SO ORDERED.
26
Dated: July 24, 2012

_________________________________
LUCY H. KOH
United States District Judge

27
28
1
CASE NO. 12-CV-01446-LHK
ORDER DISMISSING ACTION