Montgomery v. National City Mortgage et al

Filing 35

STIPULATION AND ORDER re 34 for Dismissal with Prejudice filed by Larry Montgomery, Motions terminated: 34 STIPULATION WITH PROPOSED ORDER for Dismissal with Prejudice filed by Larry Montgomery.. Signed by Judge Edward M. Chen on 8/2/12. (bpf, COURT STAFF) (Filed on 8/2/2012)

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1 2 3 4 5 6 7 Eric D. Houser (SBN 130079) Kaitlyn Q. Thinh (SBN 253289) HOUSER & ALLISON, APC 3760 Kilroy Airport Way, Suite 260 Long Beach, CA 90806 Tel. (949) 679-1111 Fax: (949) 679-1112 E-mail: kthinh@houser-law.com Attorneys for Defendants, Litton Loan Servicing LP; and Ocwen Loan Servicing, LLC 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 13 SAN FRANCISCO DIVISION LARRY MONTGOMERY, an individual Plaintiff, 14 15 vs. 16 NATIONAL CITY MORTGAGE, A DIVISION OF NATIONAL CITY BANK OF INDIANA; PNC BANK; LITTON LOAN SERVICING; OCWEN LOAN SERVICING, LLC; AND DOES 1-100 INCLUSIVE 17 18 19 Case No.: 3:12-cv-01359 EMC Judge: Hon. Edward M. Chen [PROPOSED] ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO STIPULATION BY THE PARTIES [F.R.C.P. 41(a)(1)(A)(ii)] Defendants. 20 21 22 23 24 25 26 27 28 Plaintiff LARRY MONTGOMERY and Defendants LITTON LOAN SERVICING LP and OCWEN LOAN SERVICING, LLC have jointly stipulated to dismiss this action with prejudice. Plaintiff’s claims against Defendants National City Mortgage and PNC Bank were dismissed by the Court pursuant to the Court’s Order Granting Motion to Dismiss, docket _____________________________________________________________________________ ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO STIPULATION BY THE PARTIES 1 1 number 30. No other parties have appeared in the action; thus, no other Defendants joined in the 2 Stipulation. 3 4 5 6 7 The Court having considered the Stipulation Dismissing the Action with Prejudice, its own file, and with good cause showing, orders as follows: 1. Pursuant to F.R.C.P. 41(a)(1)(A)(ii), the Action is voluntarily DISMISSED with prejudice pursuant to the Stipulation filed by the Parties. 2. Each party is to bear its own fees and costs incurred in litigating this matter. 8 RT 15 dwar Judge E ER 17 A H 16 en d M. Ch NO 14 RED RDE _________________________________ IS SO O ITEdward M. Chen Hon. R NIA 13 8/2 Dated: ______________, 2012 FO 12 UNIT ED 11 S DISTRICT TE C TA RT U O S 10 IT IS SO ORDERED. LI 9 N F D IS T IC T O R C 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________ ORDER DISMISSING ACTION WITH PREJUDICE PURSUANT TO STIPULATION BY THE PARTIES 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _____________________________________________________________________________

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