Adams v. Wells Fargo Bank, N.A. et al
Filing
25
OPINION ORDER: Denying as moot Motion to Dismiss 12 ; Denying as moot Request for Judicial Notice 14 ; Granting Motion to Dismiss 18 . This action is dismissed without prejudice. Judgment shall issue accordingly. Signed on 11/26/12 by Chief Judge Ann L. Aiken. (ljb) Modified for clarity of the record on 11/27/2012 (ljb).
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
MELISSA ADAMS, an individual,
Case No. 6:12-cv-1476-AA
Plaintiff,
OPINION AND ORDER
v.
WELLS FARGO BANK NA, a foreign
business corporation, et al.,
Defendants.
AIKEN, Chief Judge:
Plaintiff filed suit in state court alleging a violation of
Or. Rev. Stat.ยง 87.035(1), unlawful trade practices, and breach of
the duty of good faith and fair dealing.
action to
federal
court and moved for
dismissal
preemption and failure to state a claim.
filed
a
Chapter
13
bankruptcy
Defendants removed the
on grounds
of
Plaintiff subsequently
proceeding
and
now
moves
for
voluntarily dismissal of this action pursuant to Federal Rule of
Civil Procedure 41 (a) ( 2) . Defendants oppose the motion and argue
1 - OPINION AND ORDER
l
l
'I
I
I
that the court should decide their motion to dismiss on the merits.
Under Federal Rule of Civil Procedure 41(a), once a defendant
has filed an answer, an action may be dismissed only by court order
and on terms that the court "considers proper." Fed.
41 (a) (2).
R.
Civ.
P.
"A district court should grant a motion for voluntary
dismissal under Rule 41(a) (2) unless a defendant can show that it
will
suffer
some plain legal prejudice
as
a
result."
Smith v.
Lenches, 263 F.3d 972, 975 (9th Cir. 2001). Legal prejudice "means
'prejudice to some legal interest,
argument."' Id.
at 976
States, 100 F. 3d 94,
97
some legal claim,
some legal
(quoting Westlands Water Dist.
v.
United
(9th Cir. 1996)). "Uncertainty because a
dispute remains unresolved is not legal prejudice." Westlands, 100
F.3d at 97.
I
exercise
prejudice.
interests
I
of
my
agree
discretion
to
dismiss
with plaintiff
that
this
action
dismissal
without
furthers
the
judicial economy and efficiency given her pending
bankruptcy proceeding. Further, should plaintiff's claims arise in
the
bankruptcy
proceeding
or
a
related
adversary
proceeding,
defendants may present the arguments they raised in their motion to
dismiss. Thus, I find no plain legal prejudice to defendants. See
id.
" [ P] lain legal prejudice does not result merely because the
defendant will be inconvenienced by having to defend in another
forum or where a plaintiff would gain a tactical advantage by that
dismissal.") .
2 - OPINION AND ORDER
CONCLUSION
Accordingly,
plaintiff's
motion
to
dismiss
(doc.
18)
is
GRANTED and this case is dismissed without prejudice. All pending
motions
(docs.
12,
14)
are DENIED as moot.
Judgment shall issue
accordingly.
IT IS SO ORDERED.
Dated this
~~
of November, 2012.
Ann Aiken
United States District Judge
3 - OPINION AND ORDER
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