Dougherty et al v. Bank of America, N.A. et al

Filing 79

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 4/16/18: Defendants Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. are dismissed with prejudice, and each party shall bear its own attorneys' fees and costs.(Kaminski, H)

1
2
3
4
5
6

JOHN S. SARGETIS (SBN 80630)
UNITED LAW CENTER
1390 Lead Hill Boulevard
Roseville, CA 95661
Telephone: [phone]
Fax: [phone]
Attorneys for Plaintiffs
PENNY DOUGHERTY and DENNIS DOUGHERTY

7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
PENNY DOUGHERTY; DENNIS DOUGHERTY
12
13
14
15
16
17
18
19
20

)
)
Plaintiffs,
)
)
vs.
)
)
Bank of America, N.A.; Wells Fargo Bank, N. A., as )
trustee , on behalf of the holders of the HarborView )
Mortgage Loan Trust Mortgage Pass-Through
)
Certificates, Series 2006-12; Select Portfolio
)
Servicing, Inc.; DOES 1 through 50, inclusive,
)
)
Defendants.
)
)
)

CASE NO.: 2:15-cv-01226-TLN-DB
STIPULATED REQUEST FOR
DISMISSAL OF DEFENDANTS
WELLS FARGO BANK, N.A., AS
TRUSTEE, ON BEHALF OF THE
HOLDERS OF THE
HARBORVIEW MORTGAGE
LOAN TRUST MORTGAGE LOAN
PASS-THROUGH CERTIFICATES,
SERIES 2006-12 and SELECT
PORTFOLIO SERVICING, INC.;
ORDER
Complaint Filed: April 28, 2015

21

Pursuant to Federal Rule of Civil Procedure 41(a)(2), plaintiffs Penny Dougherty and Dennis

22

Dougherty (“Plaintiffs”) and defendants Wells Fargo Bank, N.A., as trustee, on behalf of the holders

23

of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through Certificates, Series 2006-12

24

(“Wells Fargo Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) (concurrently with Wells Fargo

25

Trustee, “Defendants”), by and through their respective counsel of record, hereby jointly stipulate

26

and agree that Wells Fargo Trustee and SPS shall be dismissed from this action with prejudice and

27

that each party shall bear its own attorneys’ fees and costs.

28
1
STIPULATED REQUEST FOR DISMISSAL AND ORDER
Dougherty v. Bank of America, N.A., et al., Case No. 2:15-cv-01226-TLN-DB

1

Dated: ____________, 2018

Respectfully submitted,

2

UNITED LAW CENTER

3
4

By:

/s/ John S. Sargetis
John S. Sargetis
Attorneys for Plaintiff
PENNY DOUGHERTY AND DENNIS
DOUGHERTY

5
6
7
8
9
10

Dated: _____________, 2018

Respectfully submitted,

11

LOCKE LORD LLP

12
13

By: /s/ Lindsey E. Kress
Regina J. McClendon
Lindsey E. Kress
Attorneys for Defendants
WELLS FARGO BANK, N.A., AS TRUSTEE,
ON BEHALF OF THE HOLDERS OF THE
HARBORVIEW MORTGAGE LOAN TRUST
MORTGAGE LOAN PASS-THROUGH
CERTIFICATES, SERIES 2006-12; and
SELECT PORTFOLIO SERVICING, INC.

14
15
16
17
18
19
20
21

I, John S. Sargetis, am the ECF user whose identification and password are being used to file
this Stipulation. I hereby attest that Lindsey Kress has concurred in this filing.

22

/s/ John S. Sargetis

23

//

24

//

25

//

26

//

27

//

28

//
2
STIPULATED REQUEST FOR DISMISSAL AND ORDER
Dougherty v. Bank of America, N.A., et al., Case No. 2:15-cv-01226-TLN-DB

1
2

ORDER
Pursuant to the stipulation of the Parties, defendants Wells Fargo Bank, N.A., as trustee, on

3

behalf of the holders of the Harborview Mortgage Loan Trust Mortgage Loan Pass-Through

4

Certificates, Series 2006-12 (“Wells Fargo Trustee”) and Select Portfolio Servicing, Inc. (“SPS”) are

5

dismissed with prejudice, and each party shall bear its own attorneys’ fees and costs.

6

IT IS SO ORDERED.

7
8
9

Dated: April 16, 2018

10
11
12

Troy L. Nunley
United States District Judge

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3

STIPULATED REQUEST FOR DISMISSAL AND ORDER
Dougherty v. Bank of America, N.A., et al., Case No. 2:15-cv-01226-TLN-DB