Bank Of America v Yakimenko

Filing 72

ORDER signed by Chief Judge Morrison C. England, Jr., on 10/28/14 ORDERING that Defendants GMAC Mortgage, LLC and FirstAmerican Title Insurance Company are DISMISSED from this action with prejudice. Not later than 10 days after the date this Ord er is filed electronically OR by 11/5/2014 (whichever is sooner), Plaintiff and all remaining Defendants, if any, are ORDERED to file a Joint Status Report. If it is the parties' contention that the Court may vacate the 1/12/2015, Bench Trial and close this case, not later than 10 days after the date this Order is filed electronically OR by 11/5/2014 (whichever is sooner), Plaintiff and all remaining Defendants, if any, are ORDERED to submit a stipulation and proposed order requesting that the Court dismiss this entire action. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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BANK OF AMERICA, N.A., as successor by
merger to La Salle Bank National Association,
as trustee for the Merrill Lynch First Franklin
Mortgage Loan Trust, Mortgage Loan AssetBacked Certificates, Series 2007-H-1 and as
trustee for the Merrill Lynch First Franklin
Mortgage Loan Trust, Series 2007-A Mortgage
Loan Asset-Backed Certificates,

Case No.: 2:09-cv-02865 MCE AC
ORDER DISMISSING DEFENDANTS WITH
PREJUDICE PURSUANT TO STIPULATION
Current Dates:
Trial Date:
Pre-Trial Conference:

January 12, 2015
November 13, 2014

Plaintiff,
v.
NIKOLAY YAKIMENKO, an individual,
JANETA ASLANYAN, an individual, FIRST
AMERICAN TITLE INSURANCE CO., a
California corporation, GMAC MORTGAGE,
LLC, a Delaware corporation, and DOES 1
through 200, inclusive,
Defendants

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The Court, having considered the stipulation (ECF No. 70) by and between BANK OF

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AMERICA, N.A., as successor by merger to La Salle Bank National Association, as trustee for the

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Merrill Lynch First Franklin Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificates, Series

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2007-H-1 and as trustee for the Merrill Lynch First Franklin Mortgage Loan Trust, Series 2007-A

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Mortgage Loan Asset-Backed Certificates (“Plaintiff”), GMAC MORTGAGE, LLC, through its

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successor in interest, Christiana Trust, a division of Wilmington Savings Fund Society, FSB as
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ORDER DISMISSING DEFENDANTS WITH PREJUDICE PURSUANT TO STIPULATION

1841518.1

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trustee for Knoxville 2012 Trust (“Christiana Trust”) and defendant FIRST AMERICAN TITLE

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INSURANCE COMPANY (“FATIC”) (Christiana Trust and FATIC collectively referred to as

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“Appearing Defendants”), hereby ORDERS as follows:

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(1) Defendant GMAC MORTGAGE, LLC, through its successor in interest, Christiana

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Trust, a division of Wilmington Savings Fund Society, FSB as trustee for Knoxville 2012 Trust

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(“Christiana Trust”) is DISMISSED from this action with prejudice;

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(2) Defendant FIRSTAMERICAN TITLE INSURANCE COMPANY (“FATIC”) is
DISMISSED from this action with prejudice; and

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(3) Not later than ten (10) days after the date this Order is filed electronically OR by

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November 5, 2014 (whichever is sooner), Plaintiff and all remaining Defendants, if any, are

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ORDERED to file a Joint Status Report setting forth: (1) what claims, if any, remain to be

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adjudicated; (2) what defendants, if any, remain; and (3) whether, given the dismissal of Christiana

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Trust and FATIC from this action, the Court may vacate the November 12, 2014, Final Pretrial

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Conference and the January 12, 2015, Bench Trial and close this case. If it is the parties’ contention

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that the Court may vacate the January 12, 2015, Bench Trial and close this case, not later than ten

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(10) days after the date this Order is filed electronically OR by November 5, 2014 (whichever is

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sooner), Plaintiff and all remaining Defendants, if any, are ORDERED to submit a stipulation and

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proposed order (see Local Rule 137) requesting that the Court dismiss this entire action, vacate the

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January 12, 2015, Bench Trial, and close this case. Failure to submit the required Joint Status

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Report may result, without further notice to the parties, in monetary sanctions on counsel and the

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dismissal of this action with prejudice for noncompliance with this Order and/or for failure to

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prosecute pursuant to this Court's inherent authority to control its docket, and/or Federal Rule of

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Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: October 28, 2014

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ORDER DISMISSING DEFENDANTS WITH PREJUDICE PURSUANT TO STIPULATION
1841518.1