Hill et al v. Guaranty Bank et al

Filing 9

ORDER DISMISSING CASE re 8 Notice of Voluntary Dismissal, signed by Judge Oliver W. Wanger on 8/23/2010. CASE CLOSED. (Jessen, A)

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WILLIAM G. MALCOLM #129271 DON ROBINSON #123411 MALCOLM CISNEROS 2112 Business Center Drive 2nd Floor Irvine, California 92612 Telephone: [phone] Telecopier: [phone] Counsel for BANK OF AMERICA CORPORATION and COUNTRYWIDE HOME LOANS, INC.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ FRESNO DIVISION CHRISTINA HILL, NORMAN HILL, as individuals, Plaintiffs, Case No. 1:10-CV-00222-OWW-SMS

REQUEST FOR VOLUNTARY DISMISSAL OF CASE; ORDER THEREON
[NO HEARING REQUIRED]

vs.

GUARANTY BANK, a United States Bank, COUNTRYWIDE HOME LOANS, INC., a New York corporation, BANK OF AMERICA, a Delaware corporation, MORTGAGE ELETRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation, and DOES 1 through 50, inclusive, Defendants.

Removal Filed: February 10, 2010 Complaint Filed: January 16, 2009 Case Dismissed: June 19, 2009

TO THE HONORABLE GARY A. FEESS, UNITED STATES DISTRICT COURT JUDGE, AND PLAINTIFFS: PLEASE TAKE NOTICE that BANK OF AMERICA CORPORATION and COUNTRYWIDE HOME LOANS, INC., ("Defendants") hereby request the voluntary dismissal of the above-captioned case, in its entirety without prejudice, for the following reasons: ///

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DEAC_Signature-END:

1. Plaintiffs CHRISTINA HILL and NORMAN HILL ("Plaintiffs") commenced this action by filing a Complaint in the Superior Court of the State of California in and for the County of Merced, on January 16, 2009, Case No. CU151849 ("State Court Action"). 2. Such State Court Action was DISMISSED on or about June 26, 2009, State Court docket attached hereto as Exhibit A. 3. Defendant's Notice of Removal filed on or about February 10, 2010 was improper by virtue of the dismissal of the underlying State Court Action of Hill, et al. v. Guaranty Bank, et al., Case No. CU151849, which was dismissed by Order entered on June 26, 2009. For these reasons, Defendants BANK OF AMERICA CORPORATION and COUNTRYWIDE HOME LOANS, INC., respectfully request the instant dismissal of its removal to District Court in its entirety against all parties without prejudice. Dated: August 20, 2010 MALCOLM CISNEROS

By:

/s/ William G. Malcolm WILLIAM G. MALCOLM Counsel for BANK OF AMERICA CORPORATION and COUNTRYWIDE HOME LOANS, INC.

ORDER
IT IS HEREBY ORDERED THAT ABOVE ­CAPTIONED CASE BE DISMISSED IN ITS ENTIRETY WITHOUT PREJUDICE. IT IS SO ORDERED. Dated:

August 23, 2010

/s/ Oliver W. Wanger
UNITED STATES DISTRICT JUDGE

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