McDonald et al v. Residential Mortgage Capital et al

Filing 72

ORDER RE: NOTICE OF SETTLEMENT. The hearings currently scheduled for August 28, 2009 are continued to October 16, 2009. Signed by Judge Maxine M. Chesney on August 21, 2009. (mmclc2, COURT STAFF) (Filed on 8/21/2009)

1 DAVID R. ZARO (BAR NO. 124334) 2 ALLEN MATKINS LECK GAMBLE

ANDREW E. MILLER (BAR NO. 213504) MALLORY & NATSIS LLP Los Angeles, California 90071-3309 Fax: [phone] [e-mail]

3 515 South Figueroa Street, Ninth Floor 4 Phone: [phone]

5 E-Mail: [e-mail] 6

7 Mortgage Electronic Registration Systems, Inc.; 8 Trust Company 9 10 11 12

Attorneys for Defendants

OneWest Bank, FSB; and Deutsche Bank National UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DARRELL MCDONALD; FLORA Plaintiffs, vs. NOTICE OF SETTLEMENT ; ORDER CAPITAL; NDEX WEST, L.L.C.; THEREON MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (MERS), a Delaware Corporation; FEDERAL DEPOSIT INSURANCE CORPORATION AS CONSERVATOR FOR INDYMAC FEDERAL BANK, F.S.B., a government agency; ONEWEST BANK; DEUTSCHE BANK NATIONAL TRUST COMPANY and DOES 1 THROUGH 10, Defendants. TO THE COURT AND COUNSEL OF RECORD: This Notice of Settlement is to inform the Court that the parties, through the Case No. 09-CV-1365 MMC

13 MCDONALD, 14 15

16 RESIDENTIAL MORTGAGE 17 18 19 20 21 22 23 24 25 26

27 aid of the Court-appointed mediator Robin Siefkin, have reached a settlement in 28 principle that will result in this case being dismissed. The parties are in the process
LAW OFFICES

Allen Matkins Leck Gamble Mallory & Natsis LLP

836487.01/LA

Notice of Settlement

1 of preparing the necessary documentation regarding this settlement, which involves 2 a modification of the terms of the subject mortgage loan. 3

The parties respectfully request that in light of the above, the Court continue

4 all motions currently scheduled to be heard on August 28, 2009, until a date no 5 earlier than October 9, 2009. 6

This Notice of Settlement was circulated to pro se plaintiffs, counsel for the

7 defendants, and the mediator, for approval before being filed with the Court. 8 9 Dated: August 19, 2009 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
LAW OFFICES

ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP By: /s/ - Andrew E. Miller Andrew E. Miller Attorneys for Defendants Mortgage Electronic Registration Systems, Inc.; OneWest Bank, FSB; and Deutsche Bank National Trust Company

ORDER The hearings currently scheduled for August 28, 2009 are hereby CONTINUED to October 16, 2009. IT IS SO ORDERED. Dated: August 21, 2009

____________________________ Maxine M. Chesney United States District Judge

Allen Matkins Leck Gamble Mallory & Natsis LLP

836487.01/LA

Notice of Settlement -2-