Rios v. EMC Mortgage Corporation et al

Filing 44

STIPULATION and ORDER signed by Judge Morrison C. England, Jr on 2/26/10 ORDERING that due to the dismissal of all dfts, the clerk is directed to close the file. CASE CLOSED. (Carlos, K)

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TRIAL & TECHNOLOGY LAW GROUP A PROFESSIONAL CORPORATION ROBERT A. SPANNER SBN 60308 SUSAN KALRA SBN 167940 3723 HAVEN AVENUE, SUITE 132 MENLO PARK, CA 94025 PHONE: [phone] FAX: [phone] email - [e-mail] [e-mail] Attorney for Plaintiff DIANA RIOS UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 9 10 11 v. 12 EMC MORTGAGE CORPORATION, et al., 13 14 15 (F.R. Civ. P. 41(a)(1)(A)(ii)) 16 Plaintiff DIANA RIOS and Defendants EMC MORTGAGE CORPORATION, WELLS 17 FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and 18 JP MORGAN CHASE BANK, N.A., by and through their respective counsel, hereby stipulate 19 and agree that the above-captioned action is voluntarily dismissed without prejudice against the 20 foregoing Defendants, pursuant to F.R. Civ. P. 41(a)(1)(A)(ii). 21 This Stipulation is being filed with the Court before service by any defendant of an 22 answer or a motion for summary judgment. 23 Dated: February 24, 2010 24 25 26 By: /s/ Susan Kalra 27 28 _____________________________________________________________________________ S tip . of Dismissal ­ 1
C a s e No. 2:09-CV-02447-MCE-KJM

DIANA A. RIOS, Plaintiff,

CASE NO. 09-CV-02447 MCE KJN STIPULATION AND ORDER RE PLAINTIFF'S VOLUNTARY DISMISSAL OF DEFENDANTS EMC MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AND JP MORGAN CHASE BANK

Defendants. ____________________________________/

TRIAL & TECHNOLOGY LAW GROUP A Professional Corporation Attorneys for Plaintiff DIANA RIOS

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Dated: February 24, 2010

ADORNO YOSS ALVARADO & SMITH A Professional Corporation Attorneys for Defendants EMC MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II, INC., GREENPOINT MTA TRUST 2005-AR5, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2005-AR5 erroneously sued as WELLS FARGO BANK NA, JPMORGAN CHASE BANK, N.A., erroneously sued as JP MORGAN CHASE, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC By: /s/ S. Christopher Yoo

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C a s e No. 2:09-CV-02447-MCE-KJM

ORDER Pursuant to stipulation, IT IS SO ORDERED. As there are no Defendants remaining in the case, the Clerk is directed to close the file.

Dated: February 26, 2010 ________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE