Lopez et al v. Wachovia Mortgage et al

Filing 65

STIPULATION and ORDER signed by Judge John A. Mendez on 09/08/10 DISMISSING Defendant Wachovia without prejudice. Each party will bear their own fees and costs. (Williams, D)

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Jeremy E. Shulman (#257582) [e-mail] ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP 199 South Los Robles Avenue, Suite 600 Pasadena, California 91101-2459 Tel: [phone] Fax: [phone] Attorneys for Defendant, WACHOVIA MORTGAGE, FSB, formerly known as WORLD SAVINGS BANK, FSB, erroneously named as Wachovia Mortgage and World Savings Bank ("Wachovia") Michael J.M. Brook (#139595) [e-mail] LANAHAN & REILLEY, LLP 600 Bicentennial Way, Suite 300 Santa Rosa, CA 95403 Tel: [phone] Fax: [phone] Attorney for Plaintiffs, STEVE LOPEZ and CARMEN LOPEZ UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO STEVE LOPEZ and CARMEN LOPEZ, Plaintiffs, vs. WACHOVIA MORTGAGE; WORLD SAVINGS BANK; COMSTOCK MORTGAGE; DAVID MENDOZA; ADRIAN DEL RIO and DOES 1-20 inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:09-CV-01510-JAM-DAD [Assigned to the Hon. John A. Mendez, Ctrm. 6, for all purposes] STIPULATION TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT WACHOVIA PURSUANT TO FRCP 41(a)(2)

Pursuant to Federal Rule of Civil Procedure 41(a)(2), plaintiffs Steve Lopez and Carmen Lopez and defendant Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB, by
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2:09-CV-01510-JAM-DAD STIPULATION TO DISMISS ACTION WITH PREJUDICE PURSUANT TO FRCP 41(a)(1)(ii)

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their counsel of record ("Wachovia"), stipulate to dismiss the above-captioned action with prejudice as to defendant Wachovia only. Plaintiffs Steve Lopez and Carmen Lopez and Defendant Wachovia will each bear their own costs and attorneys' fees. The parties consent to entry of judgment in accordance with the terms of this stipulation. IT IS SO STIPULATED. LANAHAN & REILLEY, LLP By: /s/Michael J.M. Brook Michael J.M. Brook [e-mail] Attorneys for Plaintiffs, Steve Lopez and Carmen Lopez ANGLIN, FLEWELLING, RASMUSSEN, CAMPBELL & TRYTTEN LLP By: /s/Jeremy E. Shulman Jeremy E. Shulman [e-mail] Attorneys for Defendant, Wachovia Mortgage, FSB, formerly known as World Savings Bank, FSB, and sued here as "Wachovia Mortgage and World Savings Bank"

Dated: September 3, 2010

Dated: September 3, 2010

ATTESTATION I, Jeremy E. Shulman, attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on September 3, 2010, at Pasadena, California. /s/Jeremy E. Shulman ORDER ON STIPULATION Having read and filed the foregoing Stipulation, and good cause appearing: IT IS ORDERED: 1. 2. Defendant Wachovia is dismissed from this action, without prejudice; and Plaintiffs Steve Lopez and Carmen Lopez and Defendant Wachovia will each bear their own costs and fees. Dated: September 8, 2010 /s/ John A. Mendez________________ HON. JOHN A. MENDEZ UNITED STATES DISTRICT JUDGE
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CERTIFICATE OF SERVICE I, the undersigned, declare that I am over the age of 18 and am not a party to this action. I am employed in the city of Pasadena, California; my business address is Anglin, Flewelling, Rasmussen, Campbell & Trytten LLP, 199 S. Los Robles Avenue, Suite 600, Pasadena, California 91101-2459. On the date below I served a copy of the following document(s): STIPULATION TO DISMISS ACTION WITH PREJUDICE AS TO DEFENDANT WACHOVIA PURSUANT TO FRCP 41(a)(2) on all interested parties in said case as follows: Served Electronically via Court's CM/ECF System: Attorney for Plaintiffs Michael J.M. Brook, Esq. LANAHAN & REILLEY, LLP 600 Bicentenial Drive, Suite 300 Santa Rosa, CA 95403 Email: [e-mail] Tel: [phone] Fax: [phone] Attorney for Defendants Comstock Mortgage, David Mendoza and Adrian Del Rio Glenn W. Peterson, Esq. MILLSTONE PETERSON & WATTS, LLP 2267 Lava Ridge Court, Suite 210 Roseville, California 95661 Email: [e-mail] Tel: [phone] Fax: [phone]

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. This declaration is executed in Pasadena, California, on September 3, 2010.

Wendy Mutum (Type or Print Name)

(Signature of Declarant)

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2:09-CV-01510-JAM-DAD STIPULATION TO DISMISS ACTION WITH PREJUDICE PURSUANT TO FRCP 41(a)(1)(ii)