Yang et al v. Sun Trust Mortgage, Inc.

Filing 99

ORDER Dismissing Action and Closing Case, signed by Chief Judge Anthony W. Ishii on 10/10/12. CASE CLOSED. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT FOR THE
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EASTERN DISTRICT OF CALIFORNIA
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CHANG BEE YANG; and
LAU YANG,

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Plaintiffs,
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v.
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SUN TRUST MORTGAGE, INC.; and
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DOES 1 through 25, inclusive,
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Defendants.
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____________________________________)

1:10-cv-01541-AWI-SKO
ORDER DISMISSING ACTION
AND CLOSING CASE
(Doc. 98)

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The Court refers the parties to previous orders for a complete chronology of the proceedings. On

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September 17, 2012, the parties settled the case before the Magistrate Judge with terms as stated on

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the record and in case number 1:12-cv-00990-AWI-SKO. On September 18, 2012, defendant

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Suntrust Mortgage, Inc. (sued as Sun Trust Mortgage, Inc.) filed a notice of settlement. On October

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9, 2012, the parties filed a joint stipulation and request for dismissal of the action with prejudice

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under Federal Rule of Civil Procedure 41(a)(1)(ii) pursuant to the settlement terms stated on the

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record, in case number 1:12-cv-00990-AWI-SKO and the Settlement and Release Agreement

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executed by the parties, a true and correct copy of which was attached to the stipulation. The parties

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agreed that, in accordance with the settlement terms, they shall bear their own costs and attorneys’

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fees, and further conditioned the effectiveness of the stipulation on the Court’s entry of an order

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retaining jurisdiction. Accordingly, the Court hereby DISMISSES this action with prejudice and

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without awarding costs or attorneys’ fees to either party, and respectfully directs the Clerk of Court

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to close the case. The Court retains jurisdiction to enforce the terms of the settlement agreement.

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IT IS SO ORDERED.

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Dated:
0m8i78

October 10, 2012
CHIEF UNITED STATES DISTRICT JUDGE

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