Edwards v. Bank of America, N.A. et al

Filing 17

ORDER that this case is dismissed as to Nationstar. The Clerk of Court shall close the case. Signed by Chief Judge Gloria M. Navarro on 10/27/16. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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BONNIE R. EDWARDS,
Plaintiff,

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vs.

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BANK OF AMERICA, N.A. et al.,
Defendants.

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Case No.: 2:15-cv-0651-GMN-CWH
ORDER

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On April 9, 2015, Plaintiff Bonnie R. Edwards (“Plaintiff”) filed a Complaint alleging

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Fair Credit Reporting Act violations against Defendants Bank of America, N.A. (“BANA”),

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Credit One Bank, N.A. (“Credit One”), Nationstar Mortgage, LLC (“Nationstar”), and Experian

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Information Solutions, Inc. (“Experian”) (collectively, “Defendants”). (ECF No. 1). On

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September 22, 2015, the Court issued an Order of Dismissal as to BANA and Experian under

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Federal Rule of Civil Procedure 4(m) for failure to effect timely service. (ECF No. 11). On

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October 7, 2015, Nationstar filed an Answer to the Complaint, which included affirmative

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defenses but no counterclaims. (ECF No. 12). On December 24, 2015, Plaintiff filed a Notice

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of Voluntary Dismissal of Nationstar. (ECF No. 15).1

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Federal Rule of Civil Procedure 41 provides for the Dismissal of Actions:

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(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. . . . [T]he plaintiff may dismiss an action
without a court order by filing:

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On May 17, 2016, Plaintiff filed a Notice of Voluntary Dismissal of Credit One. (ECF No. 16). As Credit One
had not yet filed an answer or motion for summary judgment, see Fed. R. Civ. P. 41(a), the Clerk terminated
Credit One pursuant to this Notice. As such, Nationstar is the only remaining defendant.

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(i) a notice of dismissal before the opposing party serves either
an answer or a motion for summary judgment; or
(ii) a stipulation of dismissal signed by all parties who have
appeared.
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(2) By Court Order; Effect. Except as provided in Rule 41(a)(1), an action may be
dismissed at the plaintiff’s request only by court order, on terms that the court
considers proper. If a defendant has pleaded a counterclaim before being served
with the plaintiff's motion to dismiss, the action may be dismissed over the
defendant’s objection only if the counterclaim can remain pending for
independent adjudication. Unless the order states otherwise, a dismissal under
this paragraph (2) is without prejudice.
Fed. R. Civ. P. 41(a) (emphasis added). Because Nationstar already filed an Answer prior to
Plaintiff’s Notice of Dismissal, Plaintiff may not voluntarily dismiss her action under without a
court order. See Fed. R. Civ. P. 41(a)(1)(A)(i).
Nevertheless, almost ten months have passed since Plaintiff filed her Notice of
Dismissal, and Nationstar has not filed an objection. Moreover, Nationstar’s Answer did not
include any counterclaims. Accordingly, for good cause appearing, the Court will dismiss this
action as to Nationstar, pursuant to Federal Rule of Civil Procedure 41(a)(2).
IT IS HEREBY ORDERED that this case is dismissed as to Nationstar.
The Clerk of Court shall close the case.
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DATED this _____ day of October, 2016.

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___________________________________
Gloria M. Navarro, Chief Judge
United States District Court

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