UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 7, 2010
FARID ZADRAN, PLAINTIFF,
JPMORGAN CHASE BANK FKA WASHINGTON MUTUAL BANK, FA; BANK OF AMERICA HOME LOANS; WASHINGTON MUTUAL BANK, FA; CALIFORNIA RECONVEYANCE COMPANY; 1ST METROPOLITAN MORTGAGE DBA EMPIRE EQUITY GROUP, INC.; MIKE KIM; AND DOES 1-20 INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge
MEMORANDUM AND ORDER
This matter is before the court on the motions of defendants JPMorgan Chase Bank, N.A., Bank of America, N.A., California Reconveyance Company, and 1st Metropolitan Mortgage to dismiss plaintiff Farid Zadran's ("plaintiff") amended complaint pursuant to Federal Rule of Civil Procedure ("FRCP") 12(b)(6). On April 30, 2010, plaintiff filed a statement of non-opposition, requesting that all claims against all defendants be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(a) (providing that a party may dismiss an action without court order before the opposing party serves either an answer or a motion for summary judgment); see Swedberg v. Marotzke, 339 F.3d 1139 (9th Cir. 2003) (defendant's filing of a motion to dismiss, pursuant to FRCP 12(b), does not prevent the plaintiff from later filing a voluntary dismissal). Accordingly, plaintiff's complaint is DISMISSED without prejudice.
IT IS SO ORDERED.
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