United States of America v. Leopold-Cobb et al

Filing 63

ORDER DISMISSING CASE 62 Stipulation of Dismissal With Prejudice. Signed by Judge Jeffrey S. White on 4/2/09. (fj, COURT STAFF) (Filed on 4/2/2009)

Case 3:07-cv-00210-JSW

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JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-O78T) Assistant United States Attorney Chief, Tax Division DAVID L. DENIER (CSBN 95024) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, CA 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America

8 IN THE UNITED STATES DISTRICT COURT FOR THE 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 UNITED STATES OF AMERICA, 12 Plaintiff, 13 v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the parties, through their respective counsel of record, hereby stipulate that the complaint, counterclaim and crossclaims in the above-captioned action be dismissed with prejudice, each party to bear its own costs. The parties to this stipulation are plaintiff United States of America, defendant DorothyLeopold Cobb, defendant EMC Mortgage Corporation, successor in interest to Wausau Mortgage Corporation, and defendant Alameda County Tax Collector. The remaining parties, defendant Herbert Leopold (deceased), defendant Paulette E. Bass, defendant Diana Haskin aka Diana Haskin-Bass and defendant Royce L. Walker, have not been actively participating in the DOROTHY J. LEOPOLD-COBB, HERBERT LEOPOLD, PAULETTE E. BASS, DIANA HASKIN aka DIANA HASKIN-BASS, ROYCE L. WALKER, WAUSAU MORTGAGE CORPORATION, ALAMEDA COUNTY TAX COLLECTOR, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. C-07-0210-JSW

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE

Case 3:07-cv-00210-JSW

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litigation and are in no way harmed by the dismissal. The stipulating parties submit that the terms of the dismissal are proper. Fed. R. Civ. P. 41(a)(2). All parties will be served with a copy of the stipulation and proposed order. JOSEPH P. RUSSONIELLO United States Attorney Dated: April 1, 2009 /s/ DAVID L. DENIER Assistant United States Attorney /s/ GLEN L. MOSS Attorney for Defendant Dorothy J. Leopold-Cobb /s/ BRIAN M. KREFT Attorney for EMC Mortgage Corp. RICHARD E. WINNIE County Counsel County of Alameda Dated: March 30, 2009 /s/ CLAUDE F. KOLM Deputy County Counsel Attorneys for Alameda County Tax Collector

Dated: March 27, 2009 9 10 11 Dated: March 30, 2009 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Stip & Order of Dismissal W ith Prejudice. ( N o . C-07-0210-JSW )

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Stip & Order of Dismissal W ith Prejudice. ( N o . C-07-0210-JSW )

ORDER For good cause shown and pursuant to the Stipulation of the parties, the Court hereby orders that the complaint, counterclaim and cross-claims in the above-captioned action be and hereby are dismissed with prejudice. Fed. R. Civ. P. 41(a)(2). 2nd April ORDERED this _______ day of __________________, 2009, at San Francisco, California.

_____________________________ JEFFREY S. WHITE United States District Judge

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, KATHY TAT declare:

CERTIFICATE OF SERVICE

That I am a citizen of the United States of America and employed in San Francisco County, California; that my business address is Office of United States Attorney, 450 Golden Gate Avenue, Box 36055, San Francisco, California 94102; that I am over the age of eighteen years, and am not a party to the above-entitled action. I am employed by the United States Attorney for the Northern District of California and discretion to be competent to serve papers. The undersigned further certifies that I caused a copy of the following: STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE to be served this date upon the party(ies) in this action by placing a true copy thereof in a sealed envelope, and served as follows: _X___ FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing U.S. mail in accordance with this office's practice. ____ ____ PERSONAL SERVICE (BY MESSENGER/HAND DELIVERED) FACSIMILE (FAX) No.:

to the parties addressed as follows: Diana Bass, Pro Se 330 Helena Court Oakley, CA 94561 Paulette E. Bass, Pro Se P.O. Box 1521 Martinez, CA 94553-0521 Royce L. Walker, in pro se 3218 Jamie Way Hayward, CA 9454

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed on April 1, 2009 at San Francisco, California. /s/ Kathy Tat KATHY TAT Legal Assistant