Quach v. Bank of America et al

Filing 12

ORDER DISMISSING CASE. Because Plaintiff dismissed another federal action based on or including the same claim, this voluntary dismissal operates as an adjudication on the merits pursuant to Federal Rule of Civil Procedure 41(a)(1)(B). The clerk shall close this file. Signed by Judge Edward J. Davila on 2/11/2013. (ejdlc1, COURT STAFF) (Filed on 2/11/2013)

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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 SAN JOSE DIVISION 5 CASE NO. 5:12-cv-05037 EJD ANH QUACH, 6 ORDER DISMISSING CASE Plaintiff(s), 7 8 v. [Docket Item No(s). 10] BANK OF AMERICA, NATIONAL ASSOCIATION, et. al., 9 10 Defendant(s). For the Northern District of California United States District Court / 11 12 On February 8, 2013, Plaintiff filed a Notice of Voluntary Dismissal of this action pursuant 13 to Federal Rule of Civil Procedure 41(a)(1)(A)(i). See Docket Item No. 10. Accordingly, this case 14 is DISMISSED. 15 However, because Plaintiff dismissed another federal action “based on or including the same 16 claim,”1 this voluntary dismissal “operates as an adjudication on the merits” pursuant to Federal 17 Rule of Civil Procedure 41(a)(1)(B). 18 The clerk shall close this file. 19 IT IS SO ORDERED. 20 21 Dated: February 11, 2013 EDWARD J. DAVILA United States District Judge 22 23 24 25 26 27 1 28 The previously-dismissed action is Quach v. Bank of America, National Association, Case Number 5:12-cv-04611 PSG. Plaintiff voluntarily dismissed that action on September 24, 2012. 1 CASE NO. 5:12-cv-05037 EJD ORDER DISMISSING CASE

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