Dan Rabadi v. World Savings Bank FSB et al

Filing 32

JUDGMENT OF DISMISSAL WITH PREJUDICE by Judge Michael W Fitzgerald. In accordance with the Order Dismissing Action for Failure to Prosecute and pursuant to Rule 58(d) of the FRCP, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (1) Plaintiff Dan Rabadi will take nothing from defendants Wells Fargo, NBS and USB, in this action; (2) The action is dismissed with prejudice; and (3) Defendants Wells Fargo, NBS, and USB may each submit an application to tax costs. (jp)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA – EASTERN DIVISION

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CASE NO.: 5:12-cv-00236-MWF-DTB

11 DAN RABADI, an Individual,
Plaintiff,

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v.

14 WORLD SAVINGS BANK, FSB, a
Federally Chartered Bank; WELLS
15 FARGO BANK, National Association, a
16 Federally Chartered Bank; WACHOVIA
MORTGAGE LOAN TRUST, SERIES
17 2006-ALT1, a securitized trust formed
in the State of New York; NBS
18 DEFAULT SERVICES, LLC, a Texas
19 Limited Liability Company; US BANK
USA, a Federally Chartered Bank; and
20 DOES 1 THROUGH 100, INCLUSIVE,
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Defendants.
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[PROPOSED] JUDGMENT OF
DISMISSAL WITH PREJUDICE

[Assigned to the Honorable Michael W.
Fitzgerald, District Judge]

On May 30, 2012, the Court issued its Order Dismissing Action for Failure

24 to Prosecute, which dismissed this action with prejudice. (Docket No. 29).
25 Defendants Wells Fargo Bank, N.A., successor by merger with Wells Fargo Bank
26 Southwest, N.A., formerly known as World Savings Bank, FSB, erroneously sued
27 separately as “World Savings Bank, FSB, Wells Fargo Bank, National Association,
28 and Wachovia Mortgage Loan Trust Series 2006-ALT1” (collectively “Wells
93000/BR0177/00402526-1

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CASE NO.: 5:12-CV-00236-MWF-DTB
[PROPOSED] JUDGMENT OF
DISMISSAL WITH PREJUDICE

1 Fargo”), defendant NBS Default Services, LLC (“NBS”) and defendant U.S. Bank
2 (“USB”) filed a Proposed Judgment (Docket No. 30), pursuant to Rule 58(d) of the
3 Federal Rules of Civil Procedure.
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In accordance with the Order Dismissing Action for Failure to Prosecute and

5 pursuant to Rule 58(d) of the Federal Rules of Civil Procedure,
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

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1. Plaintiff Dan Rabadi will take nothing from defendants Wells Fargo,

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NBS and USB, in this action;
2. The action is dismissed with prejudice; and
3. Defendants Wells Fargo, NBS, and USB may each submit an application
to tax costs.

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13 Dated: June 14, 2012
HON. MICHAEL W. FITZGERALD
U.S. DISTRICT COURT JUDGE

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93000/BR0177/00402526-1

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CASE NO.: 5:12-CV-00236-MWF-DTB
[PROPOSED] JUDGMENT OF
DISMISSAL WITH PREJUDICE

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CERTIFICATE OF SERVICE

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I, the undersigned, declare that I am over the age of 18 and am not a party to
this action. I am employed in the City of Pasadena, California; my business
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address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los
4 Robles Avenue, Suite 600, Pasadena, California 91101-2459.
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On the date below, I served a copy of the foregoing document entitled:

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[PROPOSED] JUDGMENT OF DISMISSAL
WITH PREJUDICE

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8 on the interested parties in said case as follows:
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Served By Other Means:

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Served Electronically Via the
Court’s CM/ECF System:

Counsel for Plaintiff:
Majid Safaie, Esq.
Brian Stuart, Esq.
ARYA LAW CENTER, P.C.
3187 Red Hill Ave., Suite 110
Costa Mesa, CA 92692
Tel: [phone] | Fax: [phone]

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Counsel for Defendant,
NBS Default Services, LLC:
Michael M. Le, Esq.
BRICE VANDER LINDEN &
WERNICK, P.C.
301 East Ocean Blvd., Suite 1720
Long Beach, CA 90802
Tel: [phone] | Fax: [phone]
Counsel for Defendant,
U.S. Bank:

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Elizabeth A. Frohlich, Esq.
MORGAN LEWIS & BOCKIUS
One Market Plaza, Spear St. Tower
San Francisco, CA 94105
Tel: [phone] | Fax: [phone]

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BY MAIL: By placing the envelope for collection and mailing
following our ordinary business practices. I am readily familiar with the
firm’s practice of collecting and processing correspondence for mailing.
On the same day that correspondence is placed for collection and mailing,
it is deposited in the ordinary course of business with the United States
Postal Service in Pasadena, California, in sealed envelopes with postage
fully thereon.
93000/BR0177/00402526-1

CASE NO.: 5:12-CV-00236-JHN-DTB
CERTIFICATE OF SERVICE

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FEDERAL: I declare that I am employed in the office of a member of
the Bar of this Court at whose direction the service was made. I declare
under penalty of perjury under the laws of the United States of America
that the foregoing is true and correct.

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This declaration is executed in Pasadena, California, on June 5, 2012.

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Mark Betti
(Type or Print Name)

/s/ Mark Betti
(Signature of Declarant)

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93000/BR0177/00402526-1

CASE NO.: 5:12-CV-00236-JHN-DTB
CERTIFICATE OF SERVICE