McCarty et al v. U.S. Bank National Association

Filing 15

ORDER denying 14 Plaintiffs' Motion to Voluntarily Dismiss; signed by Judge Benjamin H Settle.(DN) Modified on 4/28/2011 (DN). (Copy mailed to Sheryl McCarty.)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JERRY R. MCCARTY, SHERYL L.
MCCARTY,

CASE NO. C11-5078RBL
ORDER

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Plaintiff,

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v.
US BANK NATIONAL ASSOCIATION,

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Defendant.

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THIS MATTER comes on before the above-entitled court upon Plaintiffs’ Notice of
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Voluntary Dismissal [Dkt. #14]. The record reflects that Plaintiffs jointly filed for Chapter 7
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bankruptcy on February 24, 2011 [See Dkt. #13]. Accordingly, this case is stayed by operation
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of the automatic stay provision of the Bankruptcy Code, 11 U.S.C. § 362. Plaintiffs’ attempt to
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voluntarily dismiss this case is therefore DENIED.
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IT IS SO ORDERED.
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ORDER- 1

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The Clerk shall send uncertified copies of this order to all counsel of record, and to any

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Dated this 28th day of April, 2011.

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A

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BENJAMIN H. SETTLE

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United States District Judge
for Ronald B. Leighton
United States District Judge

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ORDER- 2