United States District Court, C.D. California, Western Division
January 12, 2014
CATHERINE NAZARIAN, Plaintiff,
CAPITAL ONE BANK (USA), N.A., Defendant.
CATHERINE NAZARIAN, Los Angeles, CA, Plaintiff in pro per.
ORDER OF DISMISSAL RE; PLAINTIFF CATHERINE NAZARIAN'S NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE [FRCP 41(a)(1)(a)(i)]
GARY A. FEESS, District Judge.
TO THE HONORABLE COURT AND ALL PARTIES:
PLEASE TAKE NOTICE that Plaintiff CATHERINE NAZARIAN, pursuant to Federal Rules of Civil Procedure 41(a)(1)(A)(i), hereby voluntarily dismisses all of her claims in this Action without prejudice as to Defendant CAPITAL ONE BANK (USA), N.A.
Federal Rule of Civil Procedure 41 provides, in relevant part:
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(e), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment
Defendant has neither answered the Complaint, nor filed a Motion for Summary Judgment. Accordingly, Plaintiff CATHERINE NAZARIAN may dismiss her claims in this matter without prejudice and without an Order of the Court.