Calleja v. New York Mortgage Company, LLC et al

Filing 31

MEMORANDUM & ORDER [DISMISSING CASE]: In view of the motions to dismiss filed by defendant Wells Fargo Bank, NA, as well as Plaintiff's request that the case be dismissed, the Court hereby orders that the case be dismissed without prejudice. SO ORDERED by Judge Margo K. Brodie, on 10/19/2012. C/mailed. (Latka-Mucha, Wieslawa)

FILEO

IN CLERK'S OFFtee
U.S. DISTRICT COURT E.O.N.V.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

* OCT 19 2CI2 *

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BROOKLYN OFFICE

JOSE LUIS CALLEJA,

NOT FOR PUBLICAnON

Plaintiff,
MEMORANDUM & ORDER
09 CV 4729 (MKB)

v.
NEW YORK MORTGAGE COMPANY, LLC ,
WELLS FARGO BANK, NA, as Trustee for the
Asset Backed Funding Corporation Asset
Backed Certificates Series 2007-NCl,
JOHN DOE AND JANE DOE,
Defendants.

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MARGO K. BRODIE, United States District Judge:
On November 2,2009, plaintiff Jose Luis Calleja filed this action for fraud and breach of
contract. Defendant Wells Fargo Bank, NA is the only defendant that was properly served with
the complaint. On March 30, 2010 and February 17,2011, defendant Wells Fargo Bank, NA
moved to dismiss the complaint. (Docket Entries 13 and 27.) On October 11,2012, Plaintiff
wrote to the Court asking that the complaint be voluntarily dismissed. (Docket Entry 30.)
Rule 41 (a)(2) provides, in relevant part, that "an action may be dismissed at the plaintiff's
request only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41(a)(2).
The decision to grant dismissal under Rule 41 (a)(2) is left to the discretion of the district court.
United States v. Cathcart, 291 F. App'x 360,361 (2d Cir. 2008) ("dismissals are at the district
court's discretion[.]").

In view of the motions to dismiss filed by defendant Wells Fargo Bank:, NA, as well as
Plaintiff s request that the case be dismissed, the Court hereby orders that the case be dismissed
without prejudice.

/S/ Judge Margo K. Brodie

Dated: October 19,2012
Brooklyn, New York

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