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Real Property: Foreclosure | California Central
Minutes of In Chambers Order/Directive - no proceeding held ~Util - Terminate Civil Case
Minute Order re Stipulation of Voluntary Dismissalby Judge Maame Ewusi-Mensah Frimpong. Having considered relevant authorities, the Court finds that under the current version of Federal Rule of Civil Procedure 23, the parties Stipulation should have been granted without further inquiry. Under Federal Rule of Civil Procedure 41(a)(1)(A), parties may dismiss an action via stipulation, subject only to the limits of Rule 23(e) and other rules with no application here. See Fed. R. Civ. P. 41(a)(1)(A). The Court ORDERS that, pursuant to the parties stipulation, all claims of Plaintiffs against Defendant NewRez LLC, whether brought individually or as a putative class representative, are hereby DISMISSED WITH PREJUDICE. Any putative class claims are DISMISSED WITHOUT PREJUDICE. The action is therefore DISMISSED in its entirety. The parties Motion for Reconsideration1 (ECF No. 61) and Motion for Extension of Time (ECF No. 62) are DISMISSED as moot. (Made JS-6. Case Terminated.) (yl)
Consumer Credit | California Central
Order
ORDER GRANTING JOINT STIPULATION AND REQUEST TO DISMISS PLAINTIFF'S CLAIMS WITH PREJUDICE 20 by Judge Michael W. Fitzgerald. Plaintiff's individual claims are dismissed with prejudice, pursuant to Federal Rules of Civil Procedure, Rule 4 1, and this matter shall be closed; Nothing in this Order, or the parties Joint Stipulation shall render any party a "prevailing party" for purposes of an award of attorney fees, costs, or otherwise. Case Terminated. Made JS-6. (iv)
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