Schaufus v. Freedom Mortgage Corporation

United States District Court for the Southern District of California

Schaufus v. Freedom Mortgage Corporation

Trial Court Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT

7 SOUTHERN DISTRICT OF CALIFORNIA 8 DONALD SCHAUFUS, Case No.: 3:23-cv-01252-W-BGS

9 Plaintiff, ORDER GRANTING JOINT 10 v. MOTION FOR DISMISSAL WITH PREJUDICE, DENYING AS MOOT 11 FREEDOM MORTGAGE MOTION TO DISMISS, AND CORPORATION; and DOES 1-10, DISMISSING DOE DEFENDANTS 12 inclusive, WITHOUT PREJUDICE

13 Defendants.

14

15 16 Plaintiff Donald Schaufus and Defendant Freedom Mortgage Corporation 17 (“Freedom”) filed a joint motion to dismiss Freedom from this action with prejudice. 18 Good cause appearing, the Court GRANTS the joint motion [Doc. 11]. Freedom is 19 dismissed from this action with prejudice. Per the terms of the joint motion, each party 20 will bear its own fees and costs. Freedom’s pending motion to dismiss is DENIED AS 21 MOOT [Doc. 8]. 22 Because no other Defendant is named, the Court DISMISSES WITHOUT 23 PREJUDICE Plaintiff’s case against all Defendants other than Freedom. See 24 Wakefield v. Thompson,

177 F.3d 1160, 1163

(9th Cir. 1999); Hernandez v. San 25 Bernardino Cnty,

2023 U.S. Dist. LEXIS 14476

,

2023 WL 3432206

(C.D. Cal. Jan. 26, 26 // 27 // 28 1 || 2023). Plaintiff may file an amended complaint to identify a Doe Defendant and amend 2 || his allegations to include a Doe Defendant dismissed without prejudice by this Order. 3 The Court further instructs the Clerk to close the case. 4 IT IS SO ORDERED. > || Dated: August 21, 2023

7 {TA akin Hn. 7 omas J. Whelan 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Reference

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