Benson et al v. Ocwen Loan Servicing, LLC et al

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/15 ORDERING that the 2/10/15 17 Findings and Recommendations are VACATED.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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THOMAS BENSON, et al.,

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No. 2:14-cv-2495-TLN-KJN PS

Plaintiffs,

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ORDER

v.
OCWEN LOAN SERVICING, LLC, et al.,

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Defendants.

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On February 10, 2015, the undersigned issued findings and recommendations

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recommending that this case be dismissed pursuant to Federal Rule of Civil Procedure 41(b)

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based on plaintiffs’ multiple failures to timely file an opposition or statement of non-opposition to

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defendants’ pending motion to dismiss. (ECF No. 17.) On February 11, 2015, defendants filed a

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notice of settlement of the entire action. (ECF No. 18.) Therein, defendants represent that they

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“have reached a resolution of the claims alleged by Plaintiffs” and that “[t]he parties are in the

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process of finalizing the confidential, written settlement agreement and anticipate that a request

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for dismissal of the above-captioned action, in its entirety, and with prejudice, will be filed within

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the next twenty-one (21) days.” (Id. at 2.)

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In light of the notice of settlement and defendants’ representation that a voluntary request

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for dismissal will be filed within twenty-one days, the February 10, 2015 findings and

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recommendations (ECF No. 17) are hereby VACATED.

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Dated: February 19, 2015

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