Smith v. Bank of New York Mellon ( 2021 )

THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE 9 KAREN D, SMITH, CASE NO. C19-0538-JCC 10 Plaintiff, MINUTE ORDER 11 v. 12 THE BANK OF NEW YORK MELLON 13 FKA THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF 14 THE CERTIFICATE HOLDERS OF 15 THE CWABS INC., ASSET-BACKED CERTIFICATES, SERIES 2007-SD1, 16 et al., 17 Defendant. 18 The following Minute Order is made by direction of the Court, the Honorable John C. 19 Coughenour, United States District Judge: 20 This matter comes before the Court on the parties’ revised stipulation of dismissal (Dkt. 21 No. 135). The parties have revised their stipulation to include the signature of all parties pursuant 22 to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (See Dkt. No. 134 (directing the parties to 23 correct their previous filing).) Rule 41(a)(1)’s plain text allows only for the voluntary dismissal 24 of an entire action against all defendants, but the Ninth Circuit has construed the rule to allow a 25 party to dismiss all claims against one defendant (or against more than one defendant but fewer 26 than all the defendants in an action) when all parties that have appeared have stipulated to such a 1 dismissal. See Hells Canyon Preservation Council v. U.S. Forest Serv., 403 F.3d 683, 687 (9th 2 Cir. 2005). The instant stipulation (Dkt. No. 135) meets this requirement and, accordingly, is 3 self-executing. See Fed. R. Civ. P. 41(a)(1)(A). 4 This action is therefore DISMISSED with prejudice and without an award of costs or 5 attorney fees to either party as to NewRez LLC d/b/a Shellpoint Mortgage Servicing and The 6 Bank Of New York Mellon fka The Bank of New York, as Trustee for the Benefit of the 7 Certificate holders of the CWABS Inc., Asset-Backed Certificates Series 2007-SDI. The Clerk is 8 DIRECTED to terminate Docket Numbers 132 and 135. 9 DATED this 1st day of September 2021. 10 Ravi Subramanian 11 Clerk of Court 12 s/Sandra Rawski 13 Deputy Clerk 14 15 16 17 18 19 20 21 22 23 24 25 26