McHenry et al v. Ocwen Loan Servicing, LLC et al

Filing 9

ORDER directing Clerk of Court to terminate Plaintiffs' counsel and permitting Plaintiffs to proceed Pro Se for purposes of Dismissal signed by District Judge Lawrence J. O'Neill on 2/9/2016. Attorney John Patrick Fennacy terminated.(Lundstrom, T)

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA

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10 DEBORAH McHENRY, an individual; and
KARL ZUMWALT, and individual,
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Plaintiffs,
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v.
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OCWEN LOAN SERVICING, LLC, et al.,
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1:15-CV-01751 LJO SMS
ORDER DIRECTING CLERK OF
COURT TO TERMINATE
PLAINTIFFS’ COUNSEL AND
PERMITTING PLAINTIFFS TO
PROCEED PRO SE FOR PURPOSES
OF DISMISSAL

Defendants.

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This action, which concerns a mortgage loan securing property in Auberry, California, was
removed from the Superior Court of California for the County of Fresno by Defendants Federal Home
Mortgage Corporation and Ocwen Loan Servicing, LLC. On January 19, 2016, Plaintiffs submitted a
letter indicating that they “wish to discontinue [their] lawsuit” because their attorney “John Fennacy has
been disbarred.” Doc. 7. Plaintiffs indicate they “have been unable to locate another attorney” and that
“[a]lthough [they] have reason to belief [they] could win this case, [they] are unable to proceed and are
not willing to represent [themselves].” Id.
Although the State Bar of California currently still lists Plaintiffs’ counsel, John Patrick Fennacy
as an active member of the bar in good standing, the Court has contacted the Superior Court for the
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County of San Luis Obisbo and confirmed that Mr. Fennacy has been convicted and sentenced on a
felony charge in that jurisdiction. See San Luis Obisbo Superior Court Case No. 15-F01562. Counsel’s
disbarment is therefore imminent. Accordingly, the Clerk of Court is directed to terminate Mr. Fennacy
as counsel of record in this case, allowing Plaintiffs to proceed without counsel for purposes of
dismissal.
Plaintiffs are informed that because Defendants Federal Home Mortgage Corporation and Ocwen
Loan Servicing, LLC have already filed an answer in this case, Doc. 5, the Court cannot dismiss this
case without the consent of those Defendants. See. Fed. R. Civ. Pro. 41(a)(1)(A)(ii). Once Mr. Fennacy
is terminated as counsel for Plaintiffs, Defense counsel may contact Plaintiffs directly to arrange for a
stipulated dismissal

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

February 9, 2016

UNITED STATES DISTRICT JUDGE

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