Ramy Rahimian v. Wells Fargo Bank N.A.

Background On January 27, 2025, Defendant Wells Fargo Bank N.A. filed a “Motion to Dismiss Entire Action with Prejudice Pursuant to FRCP 41(b)” (“Motion”). (Dkt. No. 35.) The Motion was brought based upon Plaintiff’s failure to file a first amended complaint by the Court-ordered deadline. (Id. at 4.) Defendant argues in the Motion that Plaintiff “has failed to diligently prosecute his case. Accordingly, the Court should dismiss this case, with prejudice.” (Id.)

The Court is now in receipt of Plaintiff’s “Statement of Non-opposition” to the Motion (“Non-opposition”), filed on February 12, 2025. (Dkt. No. 36.) The Non-opposition states that Plaintiff “submits his Statement of Non-Opposition to the motion to dismiss filed by defendant WELLS FARGO BANK, N.A.,” but contains no legal argument or discussion. (Id.)

Legal Standard

“Under Federal Rule of Civil Procedure 41(a)(1), a plaintiff has ‘an absolute right’ to voluntarily dismiss an action ‘prior to service by the defendant of an answer or a motion for summary judgment.’” Kamal v. Eden Creamery, LLC, 88 F.4th 1268, 1279 n.4 (9th Cir. 2023) (quoting Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997)). …