Lacuesta et al v. Lehman Brothers Bank, FSB et al

Filing 20

ORDER OF DISMISSAL - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 1/31/12. ("The Clerk of the Court is directed to close this case.") (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). June and Imelda Lacuesta shall be served by First Class Mail at the address of record on February 1, 2012.

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII JUNE Y. LACUESTA, et al., ) ) Plaintiffs, ) ) vs. ) ) LEHMAN BROTHERS BANK, FSB, et ) al., ) ) Defendants. ) _____________________________ ) CIV. NO. 11-00302 SOM/RLP ORDER OF DISMISSAL ORDER OF DISMISSAL Pursuant to the oral request by Plaintiff June Lacuesta to dismiss the Complaint, which the court treats as a notice of dismissal pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the court DISMISSES the action by Mr. Lacuesta without prejudice. Regarding Imelda Lacuesta’s claims, a case against Defendants was never actually instituted by her, because she did not sign the Complaint or any other document, and did not even know she was named as a plaintiff. Only Mr. Lacuesta signed the Complaint, and, not being an attorney, he cannot sign documents on behalf of Mrs. Lacuesta. Mrs. Lacuesta represented to the court that she knew nothing about the claims brought by her husband against Defendants. Claims by Mrs. Lacuesta having never been properly before this court, and Mrs. Lacuesta having indicated she does not wish to proceed, the court DISMISSES this action without prejudice to the extent it was brought in Mrs. Lacuesta’s name. The Clerk of the Court is directed to close this case. IT IS SO ORDERED. DATED: Honolulu, Hawaii, January 31, 2012. /s/ Susan Oki Mollway Susan Oki Mollway Chief United States District Judge 2

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