Safapou
Safapou v. Rushmore Loan Management, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 CHERIE SAFAPOU, Case No. 19-cv-04623-JSC
Plaintiff,
ORDER GRANTING PLAINTIFF’S
v. MOTION FOR VOLUNTARY
DISMISSAL
RUSHMORE LOAN MANAGEMENT, LLC, et al., Re: Dkt. No. 48 11 Defendants.
12 Plaintiff Cherie Safapou brings this foreclosure action against her current loan servicer Rushmore Loan Management LLC and the loan trustee Wilmington Savings Fund Society. After Plaintiff failed to file an opposition to Defendants’ motion for summary judgment, the Court issued an Order to Show Cause. (Dkt. Nos. 42 & 47.) In response, Plaintiff filed the now pending motion for voluntary dismissal under Federal Rule of Civil Procedure 41(a)(2).1 (Dk. No. 48.) Plaintiff may dismiss her suit only with Court approval because Defendants’ motion for summary judgment is currently pending. See Fed. R. Civ. P. 41(a)(2). The decision to grant a Rule 41(a)(2) voluntary dismissal “is addressed to the sound discretion of the District Court.”…