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Dmitriy Stolyarchuk v. Amtrust Bank et al.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 14, 2011

DMITRIY STOLYARCHUK PLAINTIFF,
v.
AMTRUST BANK ET AL. DEFENDANTS.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Plaintiff is proceeding pro se in this action, referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21). On July 21, 2011, defendants AmTrust Bank, Mortgage Electronic Registration Systems, Inc., and Residential Credit Solutions, Inc. filed a motion to dismiss and a motion for an order expunging the lis pendens recorded by plaintiff. (Dkt. No. 11.) On October 11, 2011, plaintiff filed a statement of non-opposition. (Dkt. No. 19.) In the statement of non-opposition, plaintiff has requested that this action be dismissed without prejudice.

Accordingly, IT IS HEREBY ORDERED that:

1. The November 2, 2011 hearing on defendants' motion to dismiss is vacated.

2. Defendants shall notify this court within seven (7) days of the date of service of this order whether they have any objection to the dismissal of this action without prejudice.

Should defendants fail to respond, plaintiff's request will be granted pursuant to Fed. R. Civ. P. 41(a)(2) and the lis pendens will be ordered expunged.*fn1


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