Sanchez v. Indymac Bank, FSB, et al.

Filing 58

STIPULATION and ORDER 27 for Dismissal signed by Judge Morrison C. England, Jr. on 4/27/2010. Federal Deposit Insurance Corporation, as Receiver, is DISMISSED from this action without prejudice. Parties being dismissed will bear their own attorney's fees and costs. (Marciel, M)

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Renée Welze Livingston (SBN 124280) Jason G. Gong (SBN 181298) LIVINGSTON LAW FIRM A Professional Corporation 1600 South Main Street, Suite 280 Walnut Creek, CA 94596 Tel: [phone] Fax: [phone] Attorneys for Defendant THE FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for INDYMAC BANK, F.S.B. and INDYMAC FEDERAL BANK, F.S.B. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DONALD SANCHEZ, Plaintiff, vs. INDYMAC BANK, F.S.B.; INDYMAC FEDERAL BANK, F.S.B. in its separate capacity and as successor to INDYMAC BANK; F.S.B.; WINDSOR CAPITOL MORTGAGE CORPORATION, a California corporation, doing business as NORTH POINT LENDING & INVESTMENTS; LINDA TEMKO; BARBARA CIULLO; JEFF B. McGREGOR; RONNY EARLY; FIRST PRIORITY FINANCIAL INC., dba North Point Lending & Investments; DAVID MICHAEL SOLDATI; and DOES 1-20 inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:09-CV-01186-MCE-GGH STIPULATION OF DISMISSAL; ORDER

Complaint Filed: 04/30/09 Trial Date: None

Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), and by reason of the parties meeting and conferring on the terms below, plaintiff DONALD SANCHEZ and defendant THE FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for INDYMAC BANK, F.S.B. and INDYMAC FEDERAL BANK, F.S.B. ("FDIC-Receiver"), by and through their counsel of record, hereby stipulate that the FDIC-Receiver is dismissed without prejudice from the above-captioned action. Each side will bear their own fees and costs incurred in this action.

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IT IS SO STIPULATED Dated: April 22, 2010 LAW OFFICES OF MICHAEL J. ZINICOLA

By:______/s/_________________________________ MICHAEL J. ZINICOLA Attorney for Plaintiff DONALD SANCHEZ

Dated: April 26, 2010

LIVINGSTON LAW FIRM, P.C.

By:_______/s/_______________________________ JASON G. GONG Attorney for Defendant THE FEDERAL DEPOSIT INSURANCE CORPORATION, as Receiver for INDYMAC BANK, F.S.B. and INDYMAC FEDERAL BANK, F.S.B.

ORDER Having reviewed the parties' stipulation and good cause appearing, the Court orders that the FDIC-Receiver is hereby dismissed without prejudice from this action. The parties being dismissed will bear their own attorney's fees and costs incurred in this action. IT IS SO ORDERED.

Dated: April 27, 2010 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE

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