Stoody-Broser v. Bank of America, N.A. et al

Filing 221

ORDER REQUIRING SUBMISSION OF PETITION. Signed by Judge Jeffrey S. White on 6/11/13. (jjoS, COURT STAFF) (Filed on 6/11/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ELLEN STOODY-BROSER,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 08-02705 JSW

v.
BANK OF AMERICA, N.A. and BANK OF
AMERICA CORPORATION,

ORDER REQUIRING
SUBMISSION OF PETITION

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Defendants.
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Now before the Court is the motion filed by Defendant Bank of America, N.A. for
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judgment on the pleadings. Presented to the Court is the Order Approving Act of Trustee in
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Entering into Proposed Settlement Agreement and Approving Settlement Agreement, which
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was filed on August 27, 2007 (“Agreement”). Defendant contends it is entitled to entry of
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judgment based on Plaintiff having released her claims in this litigation pursuant to the
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approved Agreement. The Agreement, of which the Court may take judicial notice, clearly
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references the Petition for Construction of the Trust (“Petition”), as presented to the Superior
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Court for the County of Los Angeles during proceedings concerning the Stoody Trust. In order
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to address the scope of the settled claims, the Court requests that the parties submit the original
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Petition by no later than June 14, 2013.
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IT IS SO ORDERED.
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Dated:
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June 11, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE