Paul Case v. US Bank National Association et al

Filing 19

ENTRY OF JUDGMENT OF DISMISSAL by Judge Philip S. Gutierrez: That Defendants U.S. Bank National Association, Successor in Interest to the Federal Deposit Insurance Corporation as Receiver For Downey Savings and Loan Association, F.A.; DSL Service Company; and FCI Lender Services, Inc. have judgment against Plaintiff Paul Case on all claims, that Plaintiff takes nothing by virtue of his complaint, and that this action is hereby dismissed, with prejudice. (ir)

Paul Case v. US Bank National Association et al

Doc. 19

1 OFFICE OF THE GENERAL COUNSEL 2 [e-mail]

ERIC M. ALDERETE, STATE BAR NO. 199565 U.S. BANK NATIONAL ASSOCIATION Irvine, CA 92612 Facsimile: [phone]

3 3121 Michelson Drive, Suite 500 4 Telephone: [phone]

10

Stacey L. Herter, California Bar No. 185366 [e-mail] Michael T. Levin, California Bar No. 238682 7 [e-mail] BRYAN CAVE LLP 8 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414 9 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants to the Federal Deposit Insurance Corporation as Receiver Company; and FCI Lender Services, Inc.

E-FILED 07-30-10

11 U.S. Bank National Association, Successor in Interest
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

12 For Downey Savings and Loan Association, F.A.; DSL Service 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
IR01DOCS454180

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
PAUL CASE, an Individual, Plaintiff, vs. U.S. BANK NATIONAL ASSOCIATION, FORMERLY DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; DSL SERVICE COMPANY, AS TRUSTEE FOR U.S. BANK NATIONAL ASSOCIATION, FORMERLY DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A.; FCI LENDER SERVICES, AS AGENT FOR U.S. BANK NATIONAL ASSOCIATION, FORMERLY DOWNEY SAVINGS AND LOAN ASSOCIATION F.A.; OPTION FUNDING INC.; KEITH D. JACOBSON; WILLIAM CARDENAS; and DOES 1 through 10, inclusive,

Case No. CV 10-3195-PSG (Ex) Hon. Phillip S. Gutierrez

[PROPOSED] ENTRY OF JUDGMENT OF DISMISSAL

Complaint Filed: April 20, 2010 Trial Date: None Set

Defendants.

NOTE: CHANGES MADE BY THE COURT
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ENTRY OF JUDGMENT OF DISMISSAL Dockets.Justia.com

1

Having reviewed the Court's docket and the papers on file in the above1. On April 20, 2010, Plaintiff Paul Case ("Plaintiff") filed the instant

2 captioned matter, the Court finds the following: 3

4 action against Defendants in the California Superior Court for the County of Los 5 Angeles, Superior Court Case Number VC056128. 6

2.

On April 28, 2010, Defendants U.S. BANK NATIONAL

7 ASSOCIATION, Successor in Interest to the Federal Deposit Insurance Corporation 8 as Receiver For Downey Savings and Loan Association, F.A.; DSL SERVICE 9 COMPANY; and FCI LENDER SERVICES, INC. ("Defendants"), removed the 10 case to the Central District of California, Western Division [Document 1]. 11
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

3. 4. 5.

On May 12, 2010, Defendants filed a Motion to Dismiss Plaintiff's On July 6, 2010, the Court entered an Order granting Defendants' The Court's order provided that Plaintiff was required to file an

12 Complaint [Document 13]. 13

14 Motion to Dismiss Plaintiff's Complaint with leave to amend [Document 16]. 15

16 amended complaint by July 27, 2010, and that failure to amend by that date would 17 result in dismissal of those claims with prejudice [id.]. 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 ///
IR01DOCS454180

8.

Plaintiff failed to file an amended complaint by July 27, 2010.

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ENTRY OF JUDGMENT OF DISMISSAL

1

Accordingly, for the reasons set forth above, IT IS ORDERED, That Defendants U.S. Bank National Association, Successor in Interest to the

2 ADJUDGED AND DECREED as follows: 3

4 Federal Deposit Insurance Corporation as Receiver For Downey Savings and Loan 5 Association, F.A.; DSL Service Company; and FCI Lender Services, Inc. have 6 judgment against Plaintiff Paul Case on all claims, that Plaintiff takes nothing by 7 virtue of his complaint, and that this action is hereby dismissed, with prejudice. 8 9 10 11
Bryan Cave LLP 3161 Michelson Drive, Suite 1500 Irvine, California 92612-4414

DATED: 7/30/10

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
IR01DOCS454180

HON. PHILLIP S. GUTIERREZ District Court Judge United States District Court Central District of California

PHILIP S.GUTIERREZ

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ENTRY OF JUDGMENT OF DISMISSAL