Alavardo-Ceballos v. Capital One Bank (USA), National Association

1.40 UV VUUS LE EAL Lr NY bVVULIICIIl tw PHU Veni corey Payee +ViIs+ 7 UNITED STATES DISTRICT COURT g EASTERN DISTRICT OF CALIFORNIA SOLEDAD ALVARDO-CEBALLOS, Case No. 1:20-CV-00091-DAD-EPG Plaintiff, ORDER RE: NOTICE OF VOLUNTARY 11 DISMISSAL OF DEFENDANT CAPITAL v. ONE BANK (USA) WITHOUT PREJUDICE | CAPITAL ONE BANK (USA), NATIONAL | (ECF No. 14) ASSOCIATION, et al., Defendants.

On April 27, 2020, Plaintiff Soldedad Alavardo-Ceballos filed a notice of voluntary dismissal of Defendant Capital One Bank (USA), National Association (“Capital One”). (ECF No. 14). Defendant Capital One has not filed either an answer or a motion for summary judgment. Accordingly, in light of the notice, the case solely with respect to Capital One has ended and is dismissed without prejudice. See Fed. R. Civ. P. 41(a)(1)(A); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997). The Clerk of the Court is respectfully directed to designate on the docket that Defendant Capital One Bank (USA), National Association has been terminated from this action as of the date this order is entered.

24 IT IS SO ORDERED.

25 . PA .

Dated: _ April 28, 2020 Isp OF ey 26 UNITED STATES MAGISTRATE JUDGE