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

Filing 25

Order by Hon. Ronald M. Whyte granting 24 Motion to Dismiss without prejudice. (rmwlc2, COURT STAFF) (Filed on 1/8/2013)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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SUZANNA LEE AND TRINH LEE,
Plaintiffs,

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ORDER GRANTING MOTION TO
DISMISS

vs.

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Case No. C-12-03108-RMW

WELLS FARGO BANK, N.A.; and DOES 1
THROUGH 100 INCLUSIVE,
[Re Docket No. 24]

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Defendant.

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Plaintiffs filed a motion to dismiss plaintiffs’ complaint without prejudice pursuant to

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Federal Rule of Civil Procedure 41. Dkt. No. 24. Under Rule 41, a plaintiff may voluntarily

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dismiss a case any time before the opposing party has served an answer or a motion for summary

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judgment by filing a notice of dismissal. Fed. R. Civ. P. 41(a). As defendants have not answered

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or moved for summary judgment, the court considers this motion a notice of dismissal and

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dismisses the case without prejudice.

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Dated: January 8, 2013
Ronald M. Whyte
United States District Court Judge

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ORDER GRANTING MOTION TO DISMISS
CASE NO. C-12-03108-RMW

sw

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