Lozano v. Wells Fargo Bank, N.A. et al

Filing 22

JUDGMENT OF DISMISSAL WITH PREJUDICE: This action is dismissed with prejudice as against defendant JP MORGAN CHASE BANK, N.A.; and Plaintiff Charlamaine Lozano will take nothing from defendant JPMORGAN CHASE BANK, N.A. in this action. Signed by Judge Charles R. Breyer on 4/11/12. (Attachments: # 1 Certificate of Service)(tlS, COURT STAFF) (Filed on 4/11/2012)

1 BRYAN CAVE LLP
C. Scott Greene (CBN 277445)

2 Sean Muntz (CBN 223549)
John C. Hedger (CBN 230814)

3 333 Market Street, 25th Floor

San Francisco, California 94111
[phone]
Facsimile:
[phone]
[e-mail]
5 Email:
[e-mail]
[e-mail]
6

4 Telephone:

7 Attorneys for Defendants
JPMORGAN CHASE BANK, N.A., for itself and as acquirer of certain assets and liabilities of

8 Washington Mutual Bank (erroneously sued herein as Washington Mutual Bank)
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UNITED STATES DISTRICT COURT

Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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NORTHERN DISTRICT OF CALIFORNIA

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CHARLAMAINE LOZANO,

Case No. 3:12-CV-00183-CRB

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Plaintiff,

[The Honorable Charles R. Breyer]

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v.

[PROPOSED] JUDGMENT OF
DISMISSAL WITH PREJUDICE

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WELLS FARGO BANK, N.A..;

15 WASHINGTON MUTUAL BANK; WORLD
SAVINGS, INC.; GOLDEN WEST
16 SAVINGS ASSOCIATION SERVICE CO.’
NDEX WEST, LLC; LSI TITLE COMPANY;
17 LPS AGENCY SALES AND POSTING,
INC.; and DOES, 1 through 100, inclusive,

Date Action Filed: December 2, 2011
Date Action Removed: January 11, 2012

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Defendants.

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On March 1, 2012, Plaintiff Charlamaine Lozano filed a dismissal as to the entire action

21 (Document No. 18), including defendant JPMORGAN CHASE BANK, N.A., as acquirer of
22 certain assets and liabilities of Washington Mutual Bank, which was erroneously named as
23 defendant WASHINGTON MUTUAL BANK.
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On September 25, 2008, the Office of Thrift Supervision closed Washington Mutual and

25 appointed the FDIC as receiver. On the same date, Chase entered into a Purchase and Assumption
26 Agreement (“P&A Agreement”) with the FDIC acting in its corporate capacity and as receiver for
27 Washington Mutual. The P&A Agreement is a matter of public record, as the FDIC is a
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SF01DOCS\77726.1

[PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE
CASE NO. 3:12-CV-00183-CRB

1 governmental entity.1
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IT IS HEREBY ORDERED, ADJUDGED AND DECREED:

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1.

This action is dismissed with prejudice as against defendant JPMORGAN CHASE

4 BANK, N.A.; and
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2.

Plaintiff Charlamaine Lozano will take nothing from defendant JPMORGAN

6 CHASE BANK, N.A. in this action.
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Bryan Cave LLP
333 Market Street, 25th Floor
San Francisco, CA 94105

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April 11, 2012
Dated: ______________________

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___________________________________
HONORABLE CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

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1

The Court may take judicial notice of the P&A Agreement between the FDIC and Chase, which is published on the
FDIC’s official website at http://www.fdic.gov/about/freedom/Washington_Mutual_P_and_A.pdf. Fed. R. Evid. 201;
Allen v. United Fin. Mortgage Corp., 660 F.Supp.2d 1089, 1093-94 (N.D.Cal. 2009 (taking judicial notice of the P &
A Agreement); Javaheri v. JPMorgan Chase Bank, N.A., 2011 WL 97684 at *2 (C.D. Cal. Jan. 11, 2011) (same);
Johnson v. Washington Mutual, 2010 WL 682456 at *4 (E.D. Cal. Feb. 24, 2010) (same).
SF01DOCS\77726.1
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[PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE
CASE NO. 3:12-CV-00183-CRB