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Elmer v. World Savings Bank

United States District Court, E.D. California
Dec 1, 2010
No. 2:07-cv-01447-MCE-KJM (E.D. Cal. Dec. 1, 2010)

Opinion

No. 2:07-cv-01447-MCE-KJM.

December 1, 2010


ORDER


This action arises out of a mortgage loan transaction between Plaintiffs, Elmer and Kathy Buick ("Plaintiffs"), World Savings Bank, n/k/a Wachovia Mortgage ("World"), and Transamerican Financial Corporation ("Transamerican", collectively "Defendants"). Presently before the Court is Plaintiffs' Motion to Dismiss World pursuant to Federal Rule of Civil Procedure 41(a)(2). Plaintiffs have settled with World, who have subsequently fulfilled their obligations under the terms of their settlement agreement.

All further references to "Rule" or "Rules" are to the Federal Rules of Civil Procedure unless otherwise noted.

Plaintiffs now seek to dismiss World as a Defendant with prejudice. This will leave Transamerican as the only remaining Defendant.

An action may be dismissed at the plaintiff's request by court order, on terms that the court considers proper according to Rule 41(a)(2). A plaintiff is generally permitted to dismiss an action without prejudice, so long as any defendant will not be prejudiced by such action. See Stevedoring Services of America v. Armilla Intern. B.V., 889 F.2d 919, 921 (9th Cir. 1989). When dismissal by consent or stipulation of the parties follows a compromise or settlement of the suit, the dismissal is intended to operate as an end to litigation, and the dismissal is entered with prejudice. See e.g. Goddard v. Security Title Insurance Guarantee Co., 14 Cal. 2d 47, 55 (1939); O'Connor v. Colvin, 70 F.3d 530, 531 (9th Cir. 1995).

Transamerican has not filed any opposition to Plaintiffs' Motion to Dismiss Defendant World. Because there is no prejudice to the remaining Defendant, and World has settled with Plaintiffs thereby ending its involvement in the suit, the Motion to Dismiss Defendant World is GRANTED with prejudice.

Because oral argument will not be of material assistance, the Court deemed this matter suitable for decision without oral argument. E.D. Cal. Local Rule 230(g).

IT IS SO ORDERED.

Dated: November 30, 2010


Summaries of

Elmer v. World Savings Bank

United States District Court, E.D. California
Dec 1, 2010
No. 2:07-cv-01447-MCE-KJM (E.D. Cal. Dec. 1, 2010)
Case details for

Elmer v. World Savings Bank

Case Details

Full title:ELMER and KATHY BUICK, Plaintiffs, v. WORLD SAVINGS BANK, TRANSAMERICAN…

Court:United States District Court, E.D. California

Date published: Dec 1, 2010

Citations

No. 2:07-cv-01447-MCE-KJM (E.D. Cal. Dec. 1, 2010)