UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
April 14, 2011
VINCENT AND LIEN TANG,
CALIFORNIA RECONVEYANCE CO., ET AL.,
The opinion of the court was delivered by: Lucy H. Koh United States District Judge
ORDER DISMISSING DEFENDANT FDIC WITHOUT PREJUDICE
(re: docket #68)
On March 28, 2011, Defendant Federal Deposit Insurance Corporation ("FDIC") filed a motion to dismiss Plaintiff's complaint against FDIC only. See Dkt. #58. On April 1, 2011, Plaintiffs filed a "Request for Dismissal as to Defendant FDIC" without prejudice. See Dkt. #68.
As FDIC has not filed an answer or a motion for summary judgment, the Court GRANTS Plaintiff's request to dismiss FDIC without prejudice. See Fed. R. Civ. P. 41(a)(1). Defendant FDIC's motion to dismiss is DENIED as moot. The Clerk shall terminate FDIC as a Defendant in this action.
IT IS SO ORDERED.
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