Bochene v. MFRA Trust 2014-2, MF Residential Accets, LLC, et al

Filing 29

STIPULATION and ORDER signed by Magistrate Judge Deborah Barnes on 12/21/2017 DISMISSING with prejudice any and all claims against Fay Servicing, LLC and MFRA Trust 2014-2, MF Residential Accets, LLC. (York, M)

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WRIGHT, FINLAY & ZAK, LLP
Joan Carol Spaeder-Younkin, Esq., SBN 192235
Sonia P. Edwards, Esq., SBN 156456
Joshua R. Hernandez, Esq., SBN 258266
4665 MacArthur Court, Suite 200
Newport Beach, CA 92660
Tel. [phone]; Fax [phone]
Attorneys for Defendants, Fay Servicing, LLC and Wilmington Trust, National
Association, not in its individual capacity, but solely as trustee for MFRA Trust
2014-2 (erroneously sued separately as “MFRA Trust 2014-2,” and
“MFResidential Assets, LLC as Administrator”)

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UNITED STATE DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO

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ANTHONY BOCHENE,

)
)
Plaintiff,
)
vs.
)
)
MFRA TRUST 2014-2,
)
MFRESIDENTIAL ASSETS, LLC AS )
ADMINISTRATOR;
)
CITIMORTGAGE; CHEVY CHASE )
BANK, FSB; FAY SERVICING, LLC, )
and Does 1-10,
)
)
Defendants.
)
)
)
)
)
)

No. 2:17-cv-00768-TLN-DB
STIPULATION AND ORDER
FOR DISMISSAL WITH
PREJUDICE OF ACTION
AGAINST FAY SERVICING, LLC
AND WILMINGTON TRUST,
ETC. (ERRONEOUSLY SUED
SEPARATELY AS “MFRA
TRUST 2014-2,” AND
“MFRESIDENTIAL ASSETS,
LLC AS ADMINISTRATOR”)

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The Parties to this Action, acting through their respective counsel, if any,

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and pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) hereby stipulate,

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in consideration of a negotiated settlement agreement executed by them, to the
-1STIPULATION FOR DISMISSAL WITH PREJUDICE OF FAY SERVICING, LLC AND
WILMINGTON TRUST, NATIONAL ASSOCIATION, ETC.

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Dismissal With Prejudice of this action, including all claims and counterclaims

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stated herein against Fay Servicing, LLC and Wilmington Trust, National

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Association, not in its individual capacity, but solely as trustee for MFRA Trust

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2014-2

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“MFResidential Assets, LLC as Administrator”), with each party to bear its own

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attorney's fees and costs.

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(erroneously

sued

separately

as

“MFRA

Trust

2014-2,”

and

IT IS SO STIPULATED.
Dated: 12-12-17

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s/ Anthony Bochene
Anthony Bochene, Plaintiff

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WRIGHT, FINLAY, & ZAK, LLP

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Dated: 12/18/17

By: s/ Sonia P. Edwards
Sonia P. Edwards, Esq.
Joshua R. Hernandez, Esq.
Attorneys for Defendants, Fay Servicing,
LLC and Wilmington Trust, National
Association, not in its individual capacity,
but solely as trustee for MFRA Trust 20142

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-2STIPULATION FOR DISMISSAL WITH PREJUDICE OF FAY SERVICING, LLC AND
WILMINGTON TRUST, NATIONAL ASSOCIATION, ETC.

ORDER

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Based on the foregoing STIPULATION, IT IS HEREBY ORDERED that

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the entire action, including any and all claims and counterclaims stated herein,

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against Fay Servicing, LLC and Wilmington Trust, National Association, not in its

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individual capacity, but solely as trustee for MFRA Trust 2014-2 (erroneously

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sued separately as “MFRA Trust 2014-2,” and “MFResidential Assets, LLC as

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Administrator”), is hereby dismissed with prejudice.

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Dated: December 21, 2017

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DLB:6
DB\orders\orders.civil\bochene0768.stip.dism.ord

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-3STIPULATION FOR DISMISSAL WITH PREJUDICE OF FAY SERVICING, LLC AND
WILMINGTON TRUST, NATIONAL ASSOCIATION, ETC.