Pugh v. Bank of America,et al

Filing 21

ORDER signed by Chief Judge Morrison C. England, Jr on 10/30/13: Plaintiff's Motion for Voluntary Dismissal 20 is GRANTED. Defendants' Motion to Dismiss 12 is DENIED as moot. The Clerk of the Court is directed to close this case. This Court retains jurisdiction to decide Defendants' Motion to Expunge Recorded Notice of Pendency of Action 13 . Hearing on that Motion is hereby continued to December 5, 2013, at 2:00 p.m. in Courtroom 7. (Kaminski, H)

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1 2 3 4 Charles T. Marshall, Esquire (SBN 176091) Law Offices of Charles T. Marshall 415 Laurel Street, # 405 San Diego, California 92101 Tel: 619-807-2628 Fax: 866-575-7413 Email: cmarshall@marshallestatelaw.com 5 6 7 Attorneys for Plaintiff JESSE N. PUGH 8 UNITED STATES DISTRICT COURT 9 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ) ) ) Plaintiff, ) ) v. ) ) BANK OF AMERICA, N.A., MORTGAGE ) ELECTRONIC REGISTRATION SYSTEMS, ) INC., SELECT PORTFOLIO SERVICING, ) INC., NATIONAL DEFAULT SERVICING ) CORPORATION AND DEUTSCHE BANK ) NATIONAL TRUST COMPANY AS ) TRUSTEE FOR THE HARBOR VIEW ) MORTGAGE LOAN TRUST SERIES 2005-7 ) ) ) ) Defendant(s). ) ) ) ) ) ) JESSE N. PUGH Case No.: 2:13-cv-01635-MCE-KJN Judge: Hon. Morrison C. England, Jr. ORDER ON PLAINTIFF’S MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(2) 26 27 28 Pugh Motion for Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(2) Order 1 Plaintiff having moved for dismissal of Defendant Bank of America, N.A. from the above- 2 entitled action pursuant to Federal Rule of Civil Procedure 41(a)(2), and good cause having been 3 shown, IT IS HEREBY ORDERED that: 4 1. Plaintiff’s Motion for Voluntary Dismissal (ECF No. 20) is GRANTED; 5 2. Defendants’ Motion to Dismiss (ECF No. 12) is DENIED as moot; 6 3. The Clerk of the Court is directed to close this case; and 7 4. This Court retains jurisdiction to decide Defendants’ Motion to Expunge Recorded Notice 8 of Pendency of Action (ECF No. 13). Hearing on that Motion is hereby continued to December 5, 9 2013, at 2:00 p.m. in Courtroom 7. Any opposition or statement of non-opposition must be filed in 10 conformity with the local rules. If the parties resolve this issue themselves, Defendants should 11 notify the Court immediately by filing a request to withdraw their pending Motion. 12 Dated: October 30, 2013 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pugh Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(2) Order 2

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