J.E. Robert Company, Inc. v. Trophy Properties IV B8A, LLC

Filing 40

ORDER FOR DISMISSAL WITHOUT PREJUDICE. Signed by Judge Richard Seeborg on 9/19/11. (cl, COURT STAFF) (Filed on 9/19/2011)

*E-Filed 9/19/11*

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SEYFARTH SHAW LLP
Scott H. Olson (State Bar No. 249956)
Mark Mengelberg (State Bar No. 200249)
560 Mission Street, Suite 3100
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
J.E. Robert Company, as Special Servicer for
Wells Fargo Bank, N.A., as Trustee for the Registered
Holders of J.P. Morgan Chase Commercial Mortgage
Securities Trust 2007-LDP10 Commercial Mortgage
Pass-Through Certificates, Series 2007-LDP10

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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J.E. ROBERT COMPANY, AS SPECIAL
SERVICER FOR WELLS FARGO BANK,
N.A., AS TRUSTEE FOR THE REGISTERED
HOLDERS OF J.P. MORGAN CHASE
COMMERCIAL MORTGAGE SECURITIES
TRUST 2007-LDP10 COMMERCIAL
MORTGAGE PASS-THROUGH
CERTIFICATES, SERIES 2007-LDP10,

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Plaintiff,
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v.
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TROPHY PROPERTIES IV B8A, LLC and
DOES 1 – 50, inclusive,
Defendants.

) Case No. C 10-3086 RS
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) REQUEST FOR DISMISSAL WITHOUT
) PREJUDICE AND ORDER THEREON
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Plaintiff J.E. Robert Company, as Special Servicer for Wells Fargo Bank, N.A., as

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Trustee for the Registered Holders of J.P. Morgan Chase Commercial Mortgage Securities Trust

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2007-LDP10 Commercial Mortgage Pass-Through Certificates, Series 2007-LDP10 (“Plaintiff”),

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has completed a non-judicial foreclosure against Trophy Properties IV B8A, LLC (“Defendant”)

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and desires to dismiss this case at this time without prejudice. On August 5, 2011, the Court

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entered an order discharging the receiver. No counterclaims, or any other filings, have been filed

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Request for Dismissal Without Prejudice and Order Thereon / Case No. C 10-3086 RS

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by Defendant, and therefore a Request for Dismissal and Order is the appropriate document to

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resolve this matter in its entirety.

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Wherefore, Plaintiff respectfully requests that this Honorable Court dismiss this matter
without prejudice.

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DATED: September 19, 2011

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SEYFARTH SHAW LLP
By: /s/ Scott H. Olson
Scott H. Olson
Mark Mengelberg

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Attorneys for Plaintiff
J.E. Robert Company, as Special Servicer for Wells
Fargo Bank, N.A., as Trustee for the Registered
Holders of J.P. Morgan Chase Commercial
Mortgage Securities Trust 2007-LDP10
Commercial Mortgage Pass-Through Certificates,
Series 2007-LDP10

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ORDER FOR DISMISSAL WITHOUT PREJUDICE
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In consideration of the Request for Dismissal by Plaintiff, and the resolution of this case,
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and for good cause, this matter is hereby dismissed without prejudice.
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Dated: 9/19/11

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__________________________________________
Hon. Richard Seeborg
United States District Court Judge

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13641907v.1

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Request for Dismissal Without Prejudice and Order Thereon / Case No. C 10-3086 RS