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Stewart v. American Mortgage Express Financial

United States District Court, E.D. California
Feb 1, 2010
No. CIV S-10-0008 JAM DAD PS (E.D. Cal. Feb. 1, 2010)

Opinion

No. CIV S-10-0008 JAM DAD PS.

February 1, 2010


ORDER


This action was removed from state court on January 4, 2010, by defendant Ocwen Loan Servicing, LLC, whose motions to dismiss and to strike are set for hearing on February 12, 2010. The case has been referred to the undersigned pursuant to Local Rule 302(c)(21).

The pro se plaintiff has filed a notice of dismissal in which she dismisses her entire action with prejudice pursuant to Federal Rule of Civil Procedure 41(a). No defendant has filed an answer or a motion for summary judgment in this court, and it does not appear that any defendant filed an answer or a motion for summary judgment in the state court prior to removal. Plaintiff's dismissal is therefore proper pursuant to Rule 41(a)(1)(A)(i).

IT IS ORDERED that:

1. Plaintiff's entire action is dismissed with prejudice pursuant to her January 29, 2010 notice (Doc. No. 8) and Federal Rule of Civil Procedure 41(a).

2. Defendant Ocwen Loan Servicing, LLC's motions to dismiss (Doc. No. 5) and to strike (Doc. No. 6), having been rendered moot by plaintiff's dismissal of the action, are dropped from the court's February 12, 2010 calendar.


Summaries of

Stewart v. American Mortgage Express Financial

United States District Court, E.D. California
Feb 1, 2010
No. CIV S-10-0008 JAM DAD PS (E.D. Cal. Feb. 1, 2010)
Case details for

Stewart v. American Mortgage Express Financial

Case Details

Full title:THELMA N. STEWART AKA THELMA N. CLARK, Plaintiff, v. AMERICAN MORTGAGE…

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

Date published: Feb 1, 2010

Citations

No. CIV S-10-0008 JAM DAD PS (E.D. Cal. Feb. 1, 2010)