Huizar v. Wells Fargo Bank, N.A. et al

Filing 61

STIPULATION and ORDER of Dismissal with prejudice as to Defendant, Experian Information Solutions, Inc. 60 signed by Magistrate Judge Erica P. Grosjean on 11/9/2017. (Lundstrom, T)

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C.O. LAW, APC
Clark Ovruchesky, Esq. (SBN: 301844)
[e-mail]
750 B. Street, Suite 3300
San Diego, California 92101
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff,
Sandra Huizar
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRA HUIZAR,
Plaintiff,
vs.
WELLS FARGO BANK, N.A., BANK OF
AMERICA, N.A., COMENITY BANK/ LANE
BRYANT, EXPERIAN INFORMATION
SOLUTIONS, INC., TRANS UNION LLC, and
EQUIFAX INFORMATION SERVICES LLC;
Defendants.

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CASE NO. 1:17-cv-00322-LJOEPG
STIPULATION AND ORDER OF
DISMISSAL WITH PREJUDICE
AS TO DEFENDANT
EXPERIAN INFORMATION
SOLUTIONS, INC.
(ECF No. 60)

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Plaintiff Sandra Huizar (“Plaintiff”) and Defendant Experian Information Solutions, Inc.

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(“Experian”) (collectively, the “Parties”), by and through their counsel of record, hereby

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stipulate and agree that Plaintiff’s claims against Experian should be dismissed, with prejudice,

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with Plaintiff and Experian to each bear their own costs and attorneys’ fees. The Parties agree
that this Court can proceed to dismiss Defendant Experian, with prejudice, from this action.
Respectfully submitted,

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Date: November 8, 2017

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Date: November 8, 2017

/s/
Clark Ovruchesky, Esq.
C.O. LAW, APC
750 B. Street, Suite 3300
San Diego, CA 92101
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Counsel for Sandra Huizar
/s/

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Jennifer Sun, Esq.
Jones Day
3161 Michelson Drive, Suite 800
Irvine, CA 92612
Telephone: [phone]
Fax: [phone]
E-Mail: [e-mail]
Counsel for Experian Information Solutions, Inc.

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ORDER
On November 8, 2017, the parties filed a stipulation voluntary dismissal of Defendant

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Experian Information Solutions, Inc. with prejudice. (ECF No. 60). Thus, the claims against

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Defendant Experian Information Solutions, Inc. have been terminated, see Fed. R. Civ. P.

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41(a)(1)(A)(ii); Wilson v. City of San Jose, 111 F.3d 688, 692 (9th Cir. 1997), and dismissed

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with prejudice. Concha v. London, 62 F.3d 1493, 1506 (9th Cir. 1995) (“Even if the defendant

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has filed a motion to dismiss, the plaintiff may terminate his action voluntarily by filing a notice

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of dismissal under Rule 41(a)(1).”).

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Accordingly, the Clerk of the Court is DIRECTED to terminate Defendant Experian

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Information Solutions, Inc. on the docket. Plaintiff Sandra Huizar and Defendant Experian

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Information Solutions, Inc. shall each bear their own costs and attorneys’ fees.

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IT IS SO ORDERED.
Dated:

November 9, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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