Fisher v. Downey Savings & Loan Association F.A. et al

Filing 55

STIPULATION AND ORDER re 54 Proposed Order filed by Downey Savings & Loan Association F.A.. Signed by Magistrate Judge Elizabeth D. Laporte on December 16, 2008. (edllc2, COURT STAFF) (Filed on 12/17/2008)

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OFFICE OF THE GENERAL COUNSEL CHRISTINE M. HUMPHRIES -- BAR NO. 152013 DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. 3501 Jamboree Road Newport Beach, California 92660 Telephone: [phone] Facsimile: [phone] MICHAEL D. McSWEENEY -- BAR NO. 51072 ALISON P. BUCHANAN -- BAR NO. 215710 HOGE, FENTON, JONES & APPEL, INC. Sixty South Market Street, Suite 1400 San Jose, California 95113-2396 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A. and FCI LENDER SERVICES, INC., a California corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA -- SAN FRANCISCO DIVISION

HARRY DONALD FISHER Plaintiff, vs. DOWNEY SAVINGS AND LOAN ASSOCIATION, a California corporation, EQUITY ONE FINANCIAL CORP., a California corporation, ERIK MEYERS, individually, FCI LENDER SERVICES, INC., a California corporation, and DOES 1 through 20, inclusive, Defendants.

No. C 08-02144 EDL [PROPOSED] ORDER AND STIPULATION VACATING TEMPORARY RESTRAINING ORDER Date: November 25, 2008 Time: 9:00 a.m. Dept: Courtroom E, 15th Floor

Hon. Magistrate Judge Elizabeth D. Laporte

Plaintiff Harry Donald Fisher and Defendants Downey Savings and Loan Association, F.A., and FCI Lender Services, Inc. have entered into a settlement agreement.

United States District Court Northern District of California

1 of 2 STIPULATION

San Francisco Division Case No. C 08-02144 EDL

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On November 24, 2008, Plaintiff took its hearing on Preliminary Injunction scheduled for November 25, 2008 off-calendar. IT IS HEREBY STIPULATED by and among Plaintiff HARRY DONALD FISHER, and Defendants DOWNEY SAVINGS AND LOAN ASSOCIATION, F.A., and FCI LENDER SERVICES, INC., a California corporation, through their attorneys of record that: 1. The Temporary Restraining Order issued on June 10, 2008 shall be vacated

effective December 15, 2008 at 8:00 a.m.

DATED: November 24, 2008

ATTORNEY AT LAW

/s/ James Marley Barrett James Marley Barrett, Attorneys for Plaintiff, Harry Donald Fisher DATED: November 24, 2008 OFFICE OF THE GENERAL COUNSEL

By:

/s/ Christine M. Humphries Christine M. Humphries Attorneys for Defendants, Downey Savings and Loan Association, F.A. and FCI Lender Services, Inc. By:

Good cause appearing therefore, IT IS SO ORDERED.
December 16 DATED: _____________, 2008
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San Francisco Division Case No. C 08-02144 EDL