The Bank of New York Mellon v. United States et al

Filing 12

STIPULATION and ORDER of Dismissal, signed by District Judge Anthony W. Ishii on 1/17/13. CASE CLOSED. (Gonzalez, R)

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1 2 3 4 Michael J. Lampe #82199 Michael P. Smith #206927 Matthew D. Owdom #258779 Law Offices of Michael J. Lampe 108 West Center Avenue Visalia, California 93291 Telephone (559) 738-5975 Facsimile (559) 738-5644 5 Attorneys for Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION 10 11 12 13 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK, as Trustee for the Certificate Holders of CWABS, Inc., Asset Backed Certificates, Series 2007-12, Case No. 1:12-cv-1194-AWI-GSA STIPULATION AND REQUEST FOR ORDER OF DISMISSAL Plaintiff, 14 15 vs. 16 MARK JACOBS; VIVIAN JACOBS; THE UNITED STATES OF AMERICA; and DOES 1-50, Defendants. 17 18 19 20 21 Due to the recordation of a certificate of release of the notice of federal tax lien at issue in 22 the above-captioned action, the parties having appeared in this action respectfully request, by way 23 of stipulation, that the action be dismissed without prejudice, each party to bear its own costs and 24 attorneys fees. 25 /// 26 /// 27 /// 28 _________________________________ STIPULATION AND REQUEST FOR ORDER OF DISMISSAL 1 1 2 3 Dated: January 16, 2013 4 /s/ Matthew D. Owdom #258779 LAW OFFICES OF MICHAEL J. LAMPE Attorneys for Bank of New York By: Matthew D. Owdom 5 6 7 Dated: January 17, 2013 8 KATHRYN KENEALLY Assistant Attorney General 9 By: /s/ Boris Kukso BORIS KUKSO Trial Attorney, Tax Division U.S. Department of Justice 10 11 12 13 BENJAMIN B. WAGNER United States Attorney 14 Attorneys for the United States 15 16 17 18 19 ORDER 20 Good cause appearing, it is hereby ORDERED that the above-captioned action be dismissed, 21 without prejudice, with each party to bear its own costs and attorney’s fees pursuant to 22 stipulation. 23 24 25 26 IT IS SO ORDERED. Dated: 0m8i78 January 17, 2013 SENIOR DISTRICT JUDGE 27 28 _________________________________ STIPULATION AND REQUEST FOR ORDER OF DISMISSAL 2

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