Lyons v. Bozarth et al

Filing 13

ORDER DISMISSING CASE with prejudice and Denying as moot Capital One's 8 Motion to Dismiss. The Clerk of Court is directed to close this case. Signed by Judge Jennifer A. Dorsey on 5/9/2017. (Copies have been distributed pursuant to the NEF - SLD)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4

Victor Lyons,

5

Case No.: 2:17-cv-0504-JAD-CWH
Plaintiff
Order Dismissing Action and Denying
Motion to Dismiss as Moot

6

v.

7

Ed Bozarth # 1 Chevrolet Nevada Dealer, et al.,

8

[ECF No. 8]

Defendants

9
Pro se plaintiff Victor Lyons brought this suit against a handful of automotive-related

10
11

companies. After Defendant Capital One Auto Finance moved to dismiss,1 Lyons filed a notice

12

indicating that he has resolved all of his claims in this case and is dismissing them with prejudice.2

13

Rule 41 of the Federal Rules of Civil Procedure allows a plaintiff to dismiss his claims with a mere

14

notice of dismissal “before the opposing party serves either an answer or a motion for summary

15

judgment.” Fed. R. Civ. Proc. 41(a)(1)(A)(i). No defendant has answered or moved for summary

16

judgment.
Accordingly, with good cause appearing and no reason to delay, IT IS HEREBY ORDERED,

17
18

ADJUDGED, AND DECREED that THIS CASE IS DISMISSED WITH PREJUDICE, each

19

party to bear its own fees and costs. IT IS FURTHER ORDERED that Capital One’s Motion to

20

Dismiss [ECF No. 8] is DENIED as moot. The Clerk of Court is directed to CLOSE THIS CASE.
DATED: May 9, 2017.

21
22

_________________________________
______________
_ _
_ _
JENNIFER A. DORSEY
DORSEY
DO
Y
UNITED STATES DISTRICT JUDGE

23
24
25
26
27

1

ECF No. 8.

28

2

ECF No. 11.