Sherman G Davis et al v. CMG Mortgage Inc et al
Filing
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FINAL JUDGMENT OF DISMISSAL by Judge Andrew J. Guilford, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action be, and hereby is Dismissed, with prejudice, as to WELLS FARGO and that a Judgment of Dismissal be entered in favor of WELLS FARGO and against Plaintiffs. Based on said judgment, Plaintiffs shall take nothing by way of the Second Amended Complaint against WELLS FARGO. (rla)
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Jeffrey S. Gerardo #146508
Steven M. Dailey #163857
KUTAK ROCK LLP
5 Park Plaza, Suite 1500
Irvine, CA 92614-8595
Telephone: (949) 417-0999
Facsimile: (949) 417-5394
Email:
jeffrey.gerardo@kutakrock.com
Email:
steven.dailey@kutakrock.com
Attorneys for Defendant
WELLS FARGO BANK, N.A. DBA AMERICA’S
SERVICING COMPANY [sued both as “WELLS
FARGO BANK, N.A. DBA AMERICA’S
SERVICING COMPANY” and “WELLS FARGO
HOME MORTGAGE”]
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION
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SHERMAN G. DAVIS, an individual;
NICOLE D. DAVIS, an individual,
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Assigned to:
Hon. Andrew Guilford
Courtroom 10D
Plaintiffs,
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Case No. 8:12-cv-01618-AG-CW
v.
Assigned Discovery:
Magistrate Judge Carla Woehrle
CMG MORTGAGE, INC., a California
Corporation; BANK OF AMERICA,
N.A.; WELLS FARGO BANK, N.A.
DBA AMERICA’S SERVICING
COMPANY; NDEX WEST, LLC, a
California Limited Liability
Corporation; and all persons or entities
unknown claiming any legal or
equitable right, title, estate, lien or
interest in the Property described in this
Complaint adverse to Plaintiffs’ title
thereto, and DOES 1 through 25,
inclusive,
FINAL JUDGMENT OF
DISMISSAL
Complaint filed: August 13, 2012
Defendants.
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K UTAK R OCK LLP
ATTORNEYS AT LAW
IRVINE
In the action, Plaintiffs named as Defendants CMG MORTGAGE, INC.
[“CMG”], BANK OF AMERICA, N.A. [“BOFA”], NDEX WEST, LLC
[“NDEX”] and WELLS FARGO BANK, N.A. DBA AMERICA’S SERVICING
COMPANY [“WELLS FARGO”]. On February 2, 2013, the Court issued its
-1JUDGMENT OF DISMISSAL
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Orders dismissing CMG and BOFA based on a Stipulation entered into between the
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parties. On April 10, 2013, the Court issued its Order approving the Stipulation of
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Non-Monetary Status of NDeX. In the Stipulation, NDeX agreed to be bound by
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any judgment entered into regarding WELLS FARGO. On May 6, 2013, the Court
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granted WELLS FARGO’s Motion to Dismiss Plaintiffs’ Second Amended
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Complaint without leave to amend.
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Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that
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the above-entitled action be, and hereby is Dismissed, with prejudice, as to WELLS
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FARGO and that a Judgment of Dismissal be entered in favor of WELLS FARGO
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and against Plaintiffs. Based on said judgment, Plaintiffs shall take nothing by way
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of the Second Amended Complaint against WELLS FARGO.
SO ORDERED.
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Date: May 28, 2013
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__________________________________
HONORABLE ANDREW GUILFORD
U. S. DISTRICT COURT JUDGE
Respectfully submitted:
KUTAK ROCK LLP
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By:
/s/ Steven M. Dailey
Jeffrey S. Gerardo
Steven M. Dailey
Attorneys for Defendants
WELLS FARGO BANK, N.A., dba AMERICA’S
SERVICING COMPANY
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K UTAK R OCK LLP
ATTORNEYS AT LAW
IRVINE
-2[PROPOSED] JUDGMENT OF DISMISSAL
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