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Schubert v. Bank of New York Mellon, 17-cv-00856-KAW. (2019)

Court: District Court, N.D. California Number: infdco20190912861 Visitors: 18
Filed: Sep. 10, 2019
Latest Update: Sep. 10, 2019
Summary: ORDER GRANTING REQUEST TO DISMISS ACTION WITHOUT PREJUDICE Re: Dkt. No. 65 KANDIS A. WESTMORE , Magistrate Judge . On August 19, 2019, Plaintiff James W. Schubert personally filed a request that the Court dismiss the case without prejudice. (Pl.'s Req. to Dismiss, Dkt. No. 65.) Defendants' opposition was due on September 3, 2019. As of the date of this order, no opposition has been filed. Currently, Plaintiff's attorney of record is Daniel Alan Grout. Mr. Grout, however, has failed to res
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ORDER GRANTING REQUEST TO DISMISS ACTION WITHOUT PREJUDICE

Re: Dkt. No. 65

On August 19, 2019, Plaintiff James W. Schubert personally filed a request that the Court dismiss the case without prejudice. (Pl.'s Req. to Dismiss, Dkt. No. 65.) Defendants' opposition was due on September 3, 2019. As of the date of this order, no opposition has been filed.

Currently, Plaintiff's attorney of record is Daniel Alan Grout. Mr. Grout, however, has failed to respond to numerous orders, including a July 31, 2019 order to show cause. (Dkt. No. 64; see also Dkt. Nos. 59, 60.) Thus, the Court finds that Mr. Grout has effectively abandoned Plaintiff, and accepts Plaintiff's filing.

Accordingly, the Court GRANTS Plaintiff's request to dismiss the case without prejudice. The Clerk of the Court is directed to close the case and serve a copy of this order on Plaintiff.

IT IS SO ORDERED.

Source:  Leagle

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