Wydo v. Northwest Trustee Services Inc et al

Filing 14

ORDER DISMISSING CASE. Plaintiffs Motion to Dismiss (ECF No. 12 ) is GRANTED. All claims and causes of action in this matter are DISMISSED without prejudice. Defendant Green Tree Servicing LLCs Motion to Dismiss for Failure to State a Claim (ECF No. 7 ) is DENIED as moot. The file is CLOSED. Signed by Judge Thomas O. Rice. (BF, Judicial Assistant)

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1 2 3 4 5 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON 6 7 LOUIS A. WYDO, NO: 14-CV-0140-TOR 8 Plaintiff, 9 10 ORDER OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE v. NORTHWEST TRUSTEE SERVICES, INC., et al. 11 Defendants. 12 BEFORE THE COURT is Plaintiff’s Motion to Dismiss (ECF No. 12) and 13 14 Defendant Green Tree Servicing LLC’s Motion to Dismiss for Failure to State a 15 Claim (ECF No. 7). Plaintiff, acting pro se, filed a motion to dismiss stating that 16 the property which was the subject of this action was sold at auction, and the case 17 is now moot. As Defendants have neither filed an answer nor moved for summary 18 judgment, Plaintiff has an absolute right to voluntarily dismiss this case. Fed. R. 19 Civ. P. 41(a)(1)(A)(i). 20 // ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 1 1 ACCORDINGLY, IT IS HEREBY ORDERED: 2 1. Plaintiff’s Motion to Dismiss (ECF No. 12) is GRANTED. All claims 3 and causes of action in this matter are DISMISSED without prejudice. 4 2. Defendant Green Tree Servicing LLC’s Motion to Dismiss for Failure to 5 6 7 8 State a Claim (ECF No. 7) is DENIED as moot. The District Court Executive is hereby directed to enter this Order, furnish copies to counsel for Defendants and Plaintiff, and CLOSE the file. DATED November 3, 2014. 9 10 THOMAS O. RICE United States District Judge 11 12 13 14 15 16 17 18 19 20 ORDER OF DISMISSAL WITHOUT PREJUDICE ~ 2

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