Corrales v. Central Mortgage Company

Filing 21

ORDER GRANTING 20 Notice of Voluntary Dismissal filed by Epifanio Villanueva Corrales. The Clerk shall close this file. ***ALL Deadlines terminated. Motions terminated: 15 First MOTION to Remand filed by Epifanio Villanueva Cor rales, 9 MOTION to Dismiss filed by Central Mortgage Company, 18 MOTION to Strike 13 Amended Complaint filed by Central Mortgage Company. Signed by Judge Edward J. Davila on 2/5/2014. (ecg, COURT STAFF) (Filed on 2/5/2014)

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Nick Pacheco, Esq. (SBN 173391)
[e-mail]
NICK PACHECO LAW GROUP, APC
15501 San Fernando Mission Blvd., Suite 110
Mission Hills, CA 91345
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Epifanio Villanueva Corrales

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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EPIFANIO VILLANUEVA CORRALES, an Case No.: 5:13-CV-05601-EJD
individual,

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Plaintiff,

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vs.
CENTRAL MORTGAGE COMPANY
WHICH WILL DO BUSINESS IN
CALIFORNIA AS CENTRAL MORTGAGE
LOAN SERVICING COMPANY and DOES 1
through 20, Inclusive,

PLAINTIFFS’ NOTICE OF VOLUNTARY
DISMISSAL
WITHOUT
PREJUDICE
PURSUANT TO FEDERAL RULE OF
CIVIL PROCEDURE 41 (a)(1)(i)

Defendants.

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PLEASE TAKE NOTICE that Plaintiff EPIFANIO VILLANUEVA CORRALES,

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pursuant to Federal Rule of Civil Procedure 41(a)(1), hereby voluntarily dismisses all claims in

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this action, without prejudice as to all defendants.

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Federal Rule of Civil Procedure 41(a)(1) provides, in relevant part:

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(a) VOLUNTARY DISMISSAL

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(1) By the Plaintiff.

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PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

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(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2 and 66 and

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any applicable federal statute, the plaintiff may dismiss an action without a

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court order by filing;

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(i) a notice of dismissal before the opposing party serves either an answer

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or motion for summary judgment.

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Defendants have neither answered Plaintiffs’ Complaint, nor filed a motion for summary

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judgment. Accordingly, this matter may be dismissed without prejudice and without an Order of

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the Court.

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All attorneys’ fees and costs of court are to be borne by the party that incurred them.
The Clerk shall close this file.

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Date: February 4, 2014

By: ___/S/_NICK PACHECO__________
NICK PACHECO, ESQ.
Attorney for Plaintiff
EPIFANIO VILLANUEVA
CORRALES

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PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE

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CERTIFICATE OF SERVICE

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I hereby certify that on February 4, 2014, I electronically transmitted the attached
document to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice
of Electronic Filing to the following ECF registrants.
T. Robert Finlay, Esq.
[e-mail]
Richard J. Lee, Esq.
[e-mail]
WRIGHT, FINLAY & ZAK, LLP
4665 MacArthur Court, Suite 200
Newport Beach, CA 92660
Tel: [phone]
Fax: [phone]

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Ronald M. Arlas, Esq.
[e-mail]
WRIGHT, FINLAY & ZAK, LLP
907 Sir Francis Drake Blvd.
Kentfield, CA 94904
Tel: [phone]
Fax: [phone]
I also caused the foregoing PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL
WITHOUT PREJUDICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE
41 (a)(1)(i) to be served by U.S. Mail with postage prepaid upon the parties.
A copy to chambers was also sent with Notice of Electronic Filing via GSO on February
4, 2014.
Hon. Edward J. Davila
San Jose Courthouse-Courtroom 4 – 5th Floor
280 South 1st Street, San Jose, CA 95113

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Date: February 4, 2014

By:

/s/ Giovanni Benavidez
Giovanni Benavidez

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PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE