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Consumer Credit | California Eastern
Minute Order
MINUTE ORDER issued by Relief Courtroom Deputy for District Judge Dale A. Drozd on 06/23/2026: On 6/18/2026, plaintiff and defendant Bank of America, N.A. filed a 111 stipulation to voluntarily dismiss defendant Bank of America, N.A., purportedly pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which provides for voluntary dismissal without a court order by "a stipulation of dismissal signed by all parties who have appeared." See Fed. R. Civ. P. 41(a)(1)(A)(ii). However, this defendant has already filed an 64 answer and the 111 stipulation is not signed by all parties who have appeared in this action, so the requirements of Federal Rule of Civil Procedure 41(a)(1)(A)(ii) are not satisfied.
Nonetheless, the court will construe the stipulation as a joint motion for dismissal pursuant to Rule 41(a)(2). Dismissal of this defendant does not appear to bring prejudice because no other party has objected to defendant Bank of America, N.A.'s dismissal. Ketayi v. Health Enrollment Grp., No. 20-cv-01198-RSH-KSC, 2023 WL 6370905, at *6 (S.D. Cal. Mar. 1, 2023) (construing stipulation to dismiss one defendant pursuant to Rule 41(a)(1)(A)(ii) as a joint motion to dismiss pursuant to Rule 41(a)(2) where stipulation was not signed by all parties who appeared but no objections to the dismissal were raised).
Consumer Credit | Florida Southern
- Order (PAPERLESS or pdf attached)
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 6/23/2026. See attached document for full details. (sk01)
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