Cole v. Nationstar Mortgage, LLC et al

Filing 9

STIPULATION and ORDER REMANDING CASE to Sacramento County Superior Court signed by Chief Judge Morrison C. England, Jr on 6/3/15. Copy of remand order sent to other court. The 5 Motion to Dismiss is DENIED as moot. CASE CLOSED. (Manzer, C)

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WRIGHT, FINLAY & ZAK, LLP
Robin P. Wright, Esq., SBN 150984
Joshua R. Hernandez, Esq., SBN 258266
Shannon C. Williams, Esq., SBN 196787
4665 MacArthur Court, Suite 200
Newport Beach, CA 92660
Telephone: [phone]; Facsimile: [phone]
Email: [e-mail];[e-mail]
Attorneys for Defendants, NATIONSTAR MORTGAGE, LLC, THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE TO JPMORGAN CHASE
BANK, N.A. as Trustee for the Holders Of SAMI II Trust 2006-AR3, Mortgage Pass-Through
Certificates, Series 2006-AR3 (erroneously named as “The Bank Of New York Mellon fka The Bank of
New York, Successor Trustee To JPMorgan Chase Bank, N.A., as Trustee for The SAMI II Trust,
Mortgage Pass-Through Certificates Series 2006-AR2”), and VERIPRISE PROCESSING
SOLUTIONS, LLC

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:15-CV-01000-MCE-KJN
EVAN COLE, an individual,
Assigned to Hon. Morrison C. England, Jr.
Plaintiff,

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[Removed from Sacramento County Superior Court,
Case No. 34-2015-00177532]

vs.
NATIONSTAR MORTGAGE, LLC, THE
BANK OF NEW YORK MELLON fka The
Bank of New York, Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee For
the SAMI II Trust, Mortgage Pass-Through
Certificates Series 2006-AR2; BANK OF
AMERICA, N.A.; VERIPRISE
PROCESSING SOLUTIONS, LLC; and
DOES 1-10, inclusive,

STIPULATION OF PARTIES TO REMAND
ACTION TO STATE COURT; ORDER

Defendants.

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____________________________________________________________________________________________
STIPULATION TO REMAND

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TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF
RECORD:

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Plaintiff EVAN COLE (“Plaintiff”), and Defendants NATIONSTAR MORTGAGE, LLC

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(“Nationstar”), and THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS

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SUCCESSOR TRUSTEE TO JPMORGAN CHASE BANK, N.A. as Trustee for the Holders Of SAMI

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II Trust 2006-AR3, Mortgage Pass-Through Certificates, Series 2006-AR3, (“BONYM”), and Defendant

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BANK OF AMERICA, N.A. (“BANA”) (collectively, “Defendants”), by and through their respective

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counsel, hereby stipulate and agree as follows:

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1.

WHEREAS, on April 7, 2015, Plaintiff initiated the above-captioned action (the

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“Action”) by filing a Complaint in the Superior Court of California, County of Sacramento (the “State

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Court”), as Case No. 34-2015-00177532-CU-OR-GDS;

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2.

Status in the Action;

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WHEREAS, on May 4, 2015, Defendant Veriprise filed a Declaration of Non-Monetary

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WHEREAS, on May 8, 2015, Defendant Nationstar removed the Action to this District

Court on the basis of diversity of citizenship jurisdiction;

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4.

WHEREAS, subsequent to the filing of the Notice of Removal by Defendant Nationstar,

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Plaintiff’s counsel advised Defendant Nationstar’s counsel that Plaintiff intended to file a Motion For

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Order Remanding the Action back to State Court, and Defendant Nationstar learned that Defendant

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BANA had in fact been served with the Summons and Complaint and had filed its Demurrer in the State

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Court case on May 8, 2015; and

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5.

WHEREAS, Plaintiff and Defendants (collectively the “Parties”) stipulate and agree that,

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for purposes of judicial economy and to limit the Court’s burdens, and the fees and costs incurred by the

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Parties during the course of this litigation, this Action may be remanded to the State Court;

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6.

WHEREAS, the Parties further agree and stipulate that they shall bear their own fees and

costs related to the voluntary remand of this Action to State Court;

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7.

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///

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WHEREAS, Plaintiff, Defendants and Veriprise are the only parties to the Action.

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STIPULATION TO REMAND

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NOW THEREFORE, it is hereby stipulated by and between the Parties, through their respective

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undersigned counsel of record, that the Action shall be remanded to the jurisdiction of the State Court for

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all purposes.

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IT IS SO STIPULATED.

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Dated: May 21, 2015

By:

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WRIGHT, FINLAY & ZAK, LLP
s/Shannon C. Williams, Esq.
Robin P. Wright, Esq.
Joshua R. Hernandez, Esq.
Shannon C. Williams, Esq.
Attorneys for Defendants, NATIONSTAR MORTGAGE,
LLC, THE BANK OF NEW YORK MELLON fka The
Bank Of New York as Successor Trustee to JPMorgan
Chase Bank, N.A. as Trustee For The Holders Of SAMI II
Trust 2006-AR3, Mortgage Pass-Through Certificates,
Series 2006-AR3, and VERIPRISE PROCESSING
SOLUTIONS, LLC

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SEVERSON & WERSON,
A PROFESSIONAL CORPORATION

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Dated: May __, 2015

By:
Jason M. Richardson, Esq.
Attorneys for Defendant,
BANK OF AMERICA, N.A

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LAW OFFICES OF JOHN E. MORTIMER
Dated: May __, 2015

By:
Tony Cara, Esq.,
Attorney for Plaintiff, EVAN COLE

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____________________________________________________________________________________________
STIPULATION TO REMAND

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Case No.: 2:15-CV-01000-MCE-KJN
EVAN COLE, an individual,

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Plaintiff,

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ORDER ON STIPULATION OF THE
PARTIES TO REMAND THE ACTION TO
STATE COURT

vs.
NATIONSTAR MORTGAGE, LLC, THE
BANK OF NEW YORK MELLON fka The
Bank of New York, Successor Trustee to
JPMorgan Chase Bank, N.A., as Trustee For
the SAMI II Trust, Mortgage Pass-Through
Certificates Series 2006-AR2; BANK OF
AMERICA, N.A.; VERIPRISE
PROCESSING SOLUTIONS, LLC; and
DOES 1-10, inclusive,
Defendants.

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Pursuant to the Stipulation of the Parties to Remand Action To State Court (the “Stipulation”)

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filed by Plaintiff EVAN COLE and Defendants NATIONSTAR MORTGAGE, LLC, THE BANK OF

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NEW YORK MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE TO

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JPMORGAN CHASE BANK, N.A. as Trustee for the Holders Of SAMI II Trust 2006-AR3, Mortgage

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Pass-Through Certificates, Series 2006-AR3, and Defendant BANK OF AMERICA, N.A., by and

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through their respective counsel, and finding good cause appearing, the Court makes the following order:
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ORDER ON STIPULATION OF THE PARTIES
TO REMAND THE ACTION TO STATE COURT

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IT IS ORDERED, ADJUDGED, AND DECREED that the Action, case number Case No:

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2:15-CV-01000-MCE-KJN, is REMANDED to the Sacramento County Superior Court. The

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currently pending Motion to Dismiss (ECF No. 5) is DENIED as moot, and the Clerk of the Court is

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directed to close this case.

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IT IS SO ORDERED.
Dated: June 3, 2015

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ORDER ON STIPULATION OF THE PARTIES
TO REMAND THE ACTION TO STATE COURT