Rodriguez, et al. v. Countrywide Home Loans, et al.

Filing 62

ORDER Dismissing Defendants Litton Loan Servicing LP and Mortgage Electronic Registration System, Inc. signed by Magistrate Judge Dennis L. Beck on 11/09/2009. (Flores, E)

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Ste ve n M. McClean, SBN 077351 K im b e rly L. Mayhew, SBN 199105 C ASW E L L BELL & HILLISON LLP 5 2 0 0 North Palm Avenue, Suite 211 F r e sn o , California 93704 T e le p h o n e : 559/225-6550 F a c sim ile : 559/225-7912 E m a il: [e-mail] A tto rn e y s for plaintiffs Leonel Rodriguez and Maria del Carmen Soto

6 7 8 9 10 11 12 13 14 15 16 17 v. COUNTRYWIDE HOME LOANS, a New Y o rk Corporation; LITTON LOAN SE R V IC IN G LP, a Delaware Limited P a rtn e rs h ip ; MORTGAGE ELECTRONIC R E G IS T R A T IO N SYSTEM, INC., a b u s in e ss organization form unknown; and D O E S 1-100, inclusive, Defendants. LE O N E L RODRIGUEZ and MARIA DEL C AR M E N SOTO, Plaintiffs, C a s e No. CV F 08-0869 DLB R E Q U E S T FOR DISMISSAL OF P A R T Y AND ORDER THEREON U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

CASWELLN.rPalm,& HILLISON 211 5201 8BELL Avenue, Suite LLP 0 F esno California 93704

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P lain tiffs Leonel Rodriguez and Maria del Carmen Soto hereby request that a d is m is s a l with prejudice be entered as to defendants Litton Loan Servicing, LP, and M o rtgage Electronic Registration Systems, Inc., pursuant to Federal Rules of Civil P r o c e d u r e , Rule 41(a)(2). In support thereof, plaintiffs represent as follows: 1. A Complaint was filed by plaintiffs against defendants in Fresno County

Sup e rio r Court, Case No. 08 CECG 01668, on May 13, 2008. /// 1 ______________________________________
REQUEST FOR DISMISSAL AS TO LITTON AND MERS

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2.

O n June 18, 2009, defendants removed the case to this Court pursuant to 28

U .S.C . § 1441(b). 3. O n or about September 21, 2009, plaintiffs reached a settlement in this

m a t te r with Litton Loan Servicing, LP, and Mortgage Electronic Registration Systems, In c ., which resolved all issues between plaintiffs, Litton Loan Servicing, LP, and M o rtga ge Electronic Registration Systems, Inc. 4. A ll terms of the settlement have been performed by Litton Loan Servicing,

LP , and Mortgage Electronic Registration Systems, Inc., including payment of settlement p ro c e ed s and a request to credit reporting agencies to remove negative references from p lain tiffs' credit. 5. T h e issues in the lawsuit have been resolved as to Litton Loan Servicing,

L P , and Mortgage Electronic Registration Systems, Inc. Accordingly, plaintiffs re sp e c tfu lly request that the Court enter an order dismissing this lawsuit as to Litton Loan Se rvicin g, LP, and Mortgage Electronic Registration Systems, Inc., with prejudice, with ea ch party to bear its own fees and costs.

DATED: November 5, 2009.

C A SW E L L BELL & HILLISON LLP

CASWELLN.rPalm,& HILLISON 211 5201 8BELL Avenue, Suite LLP 0 F esno California 93704

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B y:

/s/ Kimberly L. Mayhew Kimberly L. Mayhew Attorneys for Plaintiffs

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REQUEST FOR DISMISSAL AS TO LITTON AND MERS

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CASWELLN.rPalm,& HILLISON 211 5201 8BELL Avenue, Suite LLP 0 F esno California 93704

ORDER IT IS ORDERED that a dismissal with prejudice shall be entered as to Litton Loan Se rvic in g, LP, and Mortgage Electronic Registration Systems, Inc., pursuant to Federal R u les of Civil Procedure, Rule 41(a)(2). The parties shall bear their own fees and costs. Said dismissal shall be effective sixty (60) days after the date of this order, unless any p a rty shall have filed an objection to the dismissal, in which event the request for d i sm i ss a l shall be heard upon notice to all parties.

IT IS SO ORDERED. Dated: 3b142a

November 9, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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REQUEST FOR DISMISSAL AS TO LITTON AND MERS