Wade v. Office of Comptroller & Currency, et al.

Filing 32

STIPULATION and ORDER signed by Magistrate Judge Allison Claire on 8/29/2013 ORDERING that this case is DISMISSED with prejudice against defendant OCC pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. OCC's 25 motion to dismis s is DENIED as moot. The 9/25/2013 hearing on OCC's motion to dismiss is VACATED from calendar. Each party to this stipulation shall bear its own attorney's fees and costs. The case shall proceed forward with the remaining defendant(s). (Zignago, K.)

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1 ROBERT I. WADE 14818 Grassland Road 2 Lodi, CA 95240 Telephone: (209) 242-4484 3 Plaintiff, In Pro Se 4 5 BENJAMIN B. WAGNER United States Attorney 6 BOBBIE J. MONTOYA Assistant United States Attorney 7 501 I Street, Suite 10-100 Sacramento, California 95814 8 Telephone: (916) 554-2775 9 Attorneys for United States of America 10 11 IN THE UNITED STATES DISTRICT COURT 12 FOR THE EASTERN DISTRICT OF CALIFORNIA 13 14 ROBERT I. WADE, PRO SE LITIGANT, Plaintiff, 15 v. 16 17 Case No. 2:13-CV-00758-KJM-AC STIPULATION FOR DISMISSAL OF DEFENDANT OFFICE OF COMPTROLLER & CURRENCY; ORDER (Fed. R. Civ. P. 41(a)(2)) OFFICE OF COMPTROLLER & CURRENCY, WELLS FARGO, N.A., 18 Defendant. 19 Plaintiff Robert I. Wade, in pro se, and the United States of America on behalf of its agency 20 21 defendant Office of Comptroller and Currency (“OCC”), through its undersigned counsel, hereby agree 22 and STIPULATE as follows: 1. This case shall be dismissed with prejudice against defendant OCC pursuant to Rule 41(a)(2) 23 24 of the Federal Rules of Civil Procedure, subject to the Court’s approval; 25 2. Each party to this stipulation shall bear its own attorney’s fees and costs of suit herein; and 26 3. The case shall proceed forward with the remaining defendant(s). 27 IT IS SO STIPULATED. 28 //// Stipulation for Dismissal of Defendant Office of Comptroller & Currency; Order [proposed] 1 1 DATED: August 26, 2013 2 /s/ Robert I. Wade ROBERT I. WADE Plaintiff, In Pro Se 3 4 DATED: August 29, 2013 BENJAMIN B. WAGNER United States Attorney 5 6 /s/ Bobbie J. Montoya BOBBIE J. MONTOYA Assistant United States Attorney 7 8 Attorneys for United States of America 9 10 11 ORDER 12 13 On review, IT IS HEREBY ORDERED that: 14 1. The foregoing stipulation is hereby approved; 15 2. OCC’s August 16, 2013 motion to dismiss (ECF No. 25) is denied as moot; and 16 3. The September 25, 2013 hearing on OCC’s motion to dismiss is vacated from calendar. 17 DATED: August 29, 2013 18 19 20 21 22 /mb;wade0758.stip 23 24 25 26 27 28 Stipulation for Dismissal of Defendant Office of Comptroller & Currency; Order [proposed] 2

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