Embree v. Ocwen Mortgage Servicing Inc et al

Filing 24

ORDER RE: NOTICE OF VOLUNTARY DISMISSAL; NOTICE STRIKING DEFENDANTS' MOTION TO DISMISS 14 ; AND DIRECTING ENTRY OF JUDGMENT. Signed by Senior Judge Justin L. Quackenbush. (VR, Courtroom Deputy)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF WASHINGTON

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SUSAN EMBREE,

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Plaintiff,

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v.

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OCWEN MORTGAGE SERVICING, INC.,
and OCWEN LOAN SERVICING, LLC,

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ORDER RE: NOTICE OF
VOLUNTARY DISMISSAL;
NOTICE STRIKING DEFENDANTS’
MOTION TO DISMISS; AND
DIRECTING ENTRY OF
JUDGMENT

Defendant.

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NO. 2:17-CV-00156-JLQ

On July 18, 2017, a Motion to Dismiss (ECF No. 14) was filed on behalf of both

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named Defendants. On August 7, 2017, Plaintiff filed a Notice of Voluntary Dismissal of

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Defendant Ocwen Mortgage Servicing, Inc. (ECF No. 18) and thereafter filed an

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Amended Complaint naming Ocwen Loan Servicing, LLC, only as Defendant (ECF No.

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19). On August 22, 2017, Defendant Ocwen Loan Servicing, LLC, filed a Notice Striking

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Defendants’ Motion to Dismiss (ECF No. 22) and thereafter filed a Motion to Dismiss

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(ECF No. 23) the Amended Complaint.

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“[T]he plaintiff may dismiss an action without a court order by filing ... a notice of

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

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judgment.” Fed.R.Civ.P. 41(a)(1)(A). Unless stated otherwise in the notice of dismissal,

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voluntary dismissal under Fed.R.Civ.P. 41(a)(1)(A) is without prejudice. Fed.R.Civ.P.

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41(a)(1)(B). While Ocwen Mortgage Servicing, Inc. filed a Motion to Dismiss, it has not

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filed a responsive pleading to the claims against it. See Fed.R.Civ.P. 7(a) (listing

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responsive pleadings); Fed.R.Civ.P. 15 Advisory Committee Notes to the 2009

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Amendments (“Serving a motion attacking the pleading ... is not a ‘pleading’ as defined

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in Rule 7”). Accordingly, Plaintiff may voluntarily dismiss claims against Ocwen
ORDER - 1

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Mortgage Servicing, Inc.

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IT IS HEREBY ORDERED:

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1.

The Clerk is directed to enter Judgment dismissing the Complaint and the

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claims therein against Defendant Ocwen Mortgage Servicing, Inc.

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WITHOUT PREJUDICE and without costs or attorneys’ fees to any party.

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2.

Ocwen Mortgage Servicing, Inc., shall be removed from the caption.

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3.

The Motion to Dismiss (ECF No. 14) is STRICKEN.

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IT IS SO ORDERED. The Clerk is hereby directed to enter this Order and

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Judgment, and furnish copies to counsel.
Dated August 23, 2017.
s/ Justin L. Quackenbush
JUSTIN L. QUACKENBUSH
SENIOR UNITED STATES DISTRICT JUDGE

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ORDER - 2