Schnarrs et al v. Rushmore Loan Management et al
ORDER granting in part and denying in part 31 Plaintiff's Motion for Extension of Time, denying extension, granting Plaintiff's VOLUNTARY DISMISSAL without prejudice; finding as moot 15 Defendants' Motion to Dismiss for Failure to State a Claim; finding as moot 23 Defendants' Motion to Dismiss; this matter is VOLUNTARILY DISMISSED without prejudice; signed by Judge Ronald B. Leighton.(DN) Modified on 2/16/2017 (DN). (cc to pltf)
HONORABLE RONALD B. LEIGHTON
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
FRANK W. SCHNARRS,
CASE NO. C16-5926RBL
ORDER OF DISMISSAL
RUSHMORE LOAN MANAGEMENT,
THIS MATTER is before the Court on Defendants’ Motions to Dismiss [Dkt. #s 15 &
23]. The Motions were re-noted to allow Plaintiff Schnarrs to obtain counsel [Dkt. #29].
Schnarrs has since re-filed what appears to be the same request for a continuance, to a date
(February 1) which has already passed [Dkt. #31]. In the alternative, he seeks again dismissal
The Court will not continue the pending motions again, and that request is DENIED.
Defendants ask the Court to treat Schnarrs’ filings as a failure to respond to their motions and to
dismiss his claims with prejudice under Local Rule 7.
However, a plaintiff has the unilateral right to voluntarily dismiss his claims without
prejudice when the defendant has not answered or filed a motion for summary judgment. Fed. R.
ORDER OF DISMISSAL WITHOUT PREJUDICE 1
1 Civ. P. 41(a)(1)(A)(i). Where there is instead a pending motion to dismiss for failure to state a
2 claim, the plaintiff’s voluntary dismissal effectively moots that motion, and the dismissal is
3 without prejudice. See American Soccer Co., Inc. v. First Score Enterprises, 187 F.3d 1108 (9th
4 Cir. 1999). The apparent prejudice to the defendants can be remedied by an award of costs when
5 and if the plaintiff re-files his claims. Fed. R. Civ. P. 41(d)(1).
The Court will treat Schnarrs’ filing [Dkt. #31] as a notice of voluntary dismissal, and
7 this matter is DISMISSED WITHOUT PREJUDICE. The defendants’ pending motions to
8 dismiss [Dkt. #s 15 & 23] are DENIED as moot.
IT IS SO ORDERED.
Dated this 16th day of February, 2017.
Ronald B. Leighton
United States District Judge
ORDER OF DISMISSAL WITHOUT PREJUDICE 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?