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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 12 SUZANNA LEE AND TRINH LEE, Plaintiffs, 13 ORDER GRANTING MOTION TO DISMISS vs. 14 15 Case No. C-12-03108-RMW WELLS FARGO BANK, N.A.; and DOES 1 THROUGH 100 INCLUSIVE, [Re Docket No. 24] 16 Defendant. 17 18 19 Plaintiffs filed a motion to dismiss plaintiffs’ complaint without prejudice pursuant to 20 Federal Rule of Civil Procedure 41. Dkt. No. 24. Under Rule 41, a plaintiff may voluntarily 21 dismiss a case any time before the opposing party has served an answer or a motion for summary 22 judgment by filing a notice of dismissal. Fed. R. Civ. P. 41(a). As defendants have not answered 23 or moved for summary judgment, the court considers this motion a notice of dismissal and 24 dismisses the case without prejudice. 25 26 Dated: January 8, 2013 Ronald M. Whyte United States District Court Judge 27 28 ORDER GRANTING MOTION TO DISMISS CASE NO. C-12-03108-RMW sw -1-

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