United States of America v. Couri et al

Filing 17

ORDER APPROVING 15 Stipulation Regarding Dismissal of Defendant First American Title Insurance Company and Disclaimer of Interest, signed by Magistrate Judge Jennifer L. Thurston on 7/25/2017. Case Closed as to Defendant First American Title Insurance Company. (Hall, S)

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1 DAVID A. HUBBERT Acting Assistant Attorney General 2 3 4 5 6 7 CHRISTIAN MEJIA (NJ SBN: 129362015) Trial Attorney, Tax Division U.S. Department of Justice P.O. Box 683 Washington, D.C. 20044 202-305-7548 (v) 202-307-0054 (f) Christian.Mejia@usdoj.gov 8 PHILLIP A. TALBERT United States Attorney Eastern District of California 9 Attorneys for the United States of America 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 United States of America, No. 1:17-CV-00713-DAD-JLT 14 Plaintiff, [PROPOSED] ORDER APPROVING STIPULATION REGARDING DISMISSAL OF DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY AND DISCLAIMER OF INTEREST 15 v. 16 17 18 19 Edgard Couri; First American Title Insurance Company; Wesav Mortgage Corporation; Wells Fargo Bank, N.A.; GE Mortgage Services LLC; Kern County; State of California Franchise Tax Board; 22 ) Defendants. 20 21 (Doc. 15) Plaintiff, the United States of America, and Defendant, First American Title Insurance Company, have jointly filed a Stipulation Regarding Dismissal of Defendant First American Title 23 Insurance Company and Disclaimer of Interest (Doc. 15) (“Stipulation”) with regard to real 24 property commonly known as 2709 Pecangrove Drive, Bakersfield, California 93311 (“Subject 25 26 27 Property”). In the stipulation, First American Title Insurance Company disclaims any right, title, or interest in the Subject Property. (Doc. 15 at 2) Consequently, the parties agree that First 28 Proposed Order 1 1 American Title Insurance Company should be required to have no further involvement in this 2 action. Id. at 3. Moreover, the parties agree that each side will bear its own costs and fees except 3 to the extent that costs are incurred in selling the Subject Property which will be reimbursed from 4 the proceeds of the sale before satisfying outstanding liens. 5 6 7 In consideration of the parties’ stipulation and for good cause shown, the Court ORDERS: 1. First American Title Insurance Company has no interest in the Subject Property. 8 Consequently, the action SHALL be closed as to it. No further pleadings or notices should be 9 sent to First American Title Insurance Company; 10 2. The stipulation relies upon Rule 41 of the Federal Rules of Civil Procedure which 11 permits the plaintiff to dismiss an action in part without a court order before parties have 12 appeared. Therefore, the notice of request for voluntary dismissal filed by the plaintiff 13 “automatically terminate[s] the action” as to the FTB. Wilson v. City of San Jose, 111 F.3d 688, 14 692 (9th Cir. 1997). Accordingly, the Clerk of Court is DIRECTED to close this action as to 15 First American Title Insurance Company only. 16 17 18 IT IS SO ORDERED. Dated: July 25, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 Proposed Order 2

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