Zaykaria v. Freedom Mortgage Corporation et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
Ankit Devarsh Zaykariya, Sui Juris, 	)
A.K.A. Robert M. Patterson; and 	)
Sasche-Tiye Zaykariya, Sui Juris 	)
A.K.A. Robbin D. Patterson, 	)
)
Plaintiffs, 	)
)
v. 	) 	Case No. CIV-25-316-D
)
Freedom Mortgage Corporation, et al., 	)
)
Defendants. 	)
ORDER
Before the Court is Plaintiffs’ Motion to Strike Defendant Mortgage Electronic
Registration Systems, Inc. (MERS) [Doc. No. 15], in which Plaintiffs request that the Court
strike MERS from the above-captioned matter. Although not cited by Plaintiffs, the Court
construes the motion as a notice filed pursuant to F ED . R. CIV . P. 41(a)(1)(A)(i), which
allows a plaintiff to “dismiss an action without a court order … before the opposing party
serves either an answer or a motion for summary judgment[.]”1 Here, at the time Plaintiffs
filed their motion, MERS had not filed an answer or summary judgment motion.
Accordingly, Plaintiffs’ filing is self-executing and no further action by the Court is
required as to MERS. See De Leon v. Marcos, 659 F.3d 1276, 1283 (10th Cir. 2011) (“A
1 “Several district courts in the Tenth Circuit, as well as the majority of circuit courts, have held
that Federal Rule of [Civil] Procedure 41 may be used to dismiss all claims against one defendant
without dismissing the entire action.” Castillo v. Prater, No. CIV-23-675-D, 2023 WL 9546946,
at *13 (W.D. Okla. Dec. 8, 2023) (collecting cases), rec. adopted, No. CIV-23-675-D, 2024 WL
21801 (W.D. Okla. Jan. 2, 2024).
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stipulation of dismissal filed under Rule 41(a)(1)(A)(i) or (ii) is self-executing and
immediately strips the district court of jurisdiction over the merits.”).
IT 	IS 	THEREFORE 	ORDERED 	that 	Plaintiffs’ 	claims 	against 	Defendant
Mortgage 	Electronic 	Registration 	Systems, 	Inc. 	are 	DISMISSED 	WITHOUT
PREJUDICE.
IT IS SO ORDERED this 9th day of April, 2025.
TIMOTHY 	. DeGIUSTI
Chief United States District Judge
Case 5:25-cv-00316-D Document 17 Filed 04/09/25 Page 2 of 2