Alvarado et al v. Home 123 Corporation et al

Filing 11

ORDER GRANTING VOLUNTARY DISMISSAL WITHOUT PREJUDICE. All claims and causes of action in this matter are DISMISSED without prejudice and without costs or fees to any party. All pending motions are DENIED as moot. The file is CLOSED. Signed by Judge Thomas O. Rice. (LLH, Courtroom Deputy)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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JUVENTINO ALVARADO and
PILAR ALVARADO, husband and
wife,
Plaintiffs,

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NO: 13-CV-0343-TOR
ORDER GRANTING VOLUNTARY
DISMISSAL WITHOUT PREJUDICE

v.

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HOME 123 CORPORATION, and
BANK OF AMERICA, N.A., and
NATIONSTAR MORTGAGE, LLC,
and FEDERAL HOME LOAN
MORTGAGE CORPORATION,

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Defendants.

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BEFORE THE COURT is Plaintiff’s Notice of Dismissal (ECF No. 10).
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Plaintiff filed a notice of voluntary dismissal pursuant to Federal Rule of Civil
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Procedure 41(a)(1)(A)(i) on October 24, 2012. Because Defendant has neither
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filed an answer nor moved for summary judgment, Plaintiff has an absolute right to
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voluntarily dismiss this case. Fed. R. Civ. P. 41(a)(1)(A)(i). This is the case
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despite the pending motion to dismiss by Defendant Bank of America, N.A. (ECF

ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1

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No. 4). Concha v. London, 62 F.3d 1493, 1507 (9th Cir. 1995) (“Even if the

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defendant has filed a motion to dismiss, the plaintiff may terminate his action

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voluntarily by filing a notice of dismissal under Rule 41(a)(1).”).

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ACCORDINGLY, IT IS HEREBY ORDERED:

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All claims and causes of action in this matter are DISMISSED without

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prejudice and without costs or fees to any party. All pending motions are

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DENIED as moot.

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The District Court Executive is hereby directed to enter this Order, furnish

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copies to counsel, and CLOSE the file.

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DATED October 25, 2013.

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THOMAS O. RICE
United States District Judge

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ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2