Duenas et al v. Bank of America, N.A.

Filing 20

ORDER DISMISSING CASE WITH PREJUDICE. Signed by Judge Susan Illston on 12/5/12. (tlS, COURT STAFF) (Filed on 12/7/2012)

1 BRIAN A. ANGELINI, ESQ. [SBN 234072]
ANGEL AT LAW, INC., APLC
2 8484 Wilshire Blvd., Suite 220
Beverly Hills, CA 90211
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Telephone: [phone]
4 Facsimile: [phone]
[e-mail]
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Attorney for Plaintiffs
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN
DISTRICT OF CALIFORNIA

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MIGUEL
DUENAS,
an
Individual; CASE NO.: 3:12-cv-04251-SI
11 ROSALINA DUENAS, an Individual
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Plaintiffs,
vs.

14 BANK OF AMERICA, N.A., a national
banking association; AND DOES 1-20,
15 INCLUSIVE,
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PLAINTIFF’S NOTICE OF VOLUNTARY
DISMISSAL WITH PREJUDICE
PURSUANT TO FEDERAL RULE
OF CIV. PROC. 41(a)(1)
AND ORDER

Defendants.

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PLEASE TAKE NOTICE that Plaintiffs MIGUEL DUENAS and ROSALINA

20 DUENAS (hereinafter “Plaintiffs”), pursuant to Federal Rule of Civil Procedure 41(a)(1),
21 hereby voluntarily dismiss all claims in this action with prejudice.
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Federal Rule of Civil Procedure 41(a)(1) provides, in relevant part:

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(a) Voluntary Dismissal.

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(1) By the Plaintiff.
(A) Without a Court Order. Subject to Rules 23(3), 23.1(c), 23.2, and

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26 66 and any applicable federal statute, the plaintiff may dismiss an action without a court
27 order by filing:
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PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE
OF CIV. PROC. 41(a)(1)

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(i) a notice of dismissal before the opposing party serves either

2 an answer or a motion for summary judgment.
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5 Dated: December 3, 2012

ANGEL AT LAW, INC., APLC
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By:

/s/ Brian A. Angelini
Brian A. Angelini, Esq.
Attorney for Plaintiff, MIGUEL
DUENAS and ROSALINA DUENAS

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ston
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UNIT
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PLAINTIFF’S VOLUNTARY DISMISSAL ONLY AGAINST DEFENDANT TAYLOR BEAN & WHITAKER
MORTGAGE CORPORATION

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CERTIFICATE OF SERVICE

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I am employed in the County of Los Angeles, State of California. I am over the age of 18
and not a party to the within action. My business address is 8484 Wilshire Blvd., Suite 220,
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Beverly Hills, CA 90211.
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On December 3, 2012 I served the foregoing document, described as PLAINTIFF’S NOTICE
5 OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL
RULE OF CIV. PROC. 41(a)(1)on each interested party in this action, as follows:
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SEE ATTACHMENT NO. “1” SERVICE LIST
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BY MAIL. I placed the original or a true copy of the foregoing document in a
8 sealed envelope addressed to each interested party as set forth above. I placed each such envelope,
with postage thereon fully prepaid, for collection and mailing at Angel at Law, Inc., APLC,
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California. I am readily familiar with Angel at Law, Inc.’s practice for collection and processing of
10 correspondence for mailing with the United States Postal Service. Under that practice, the
correspondence would be deposited in the United States Postal Service on that same day in the
11 ordinary course of business. Via First Class U.S. Mail, postage fully pre-paid.
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TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING
13 (NEF). Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“LBR”), the
foregoing document will be served by the court via NEF and hyperlink to the document. On
14 07/07/2012 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and
determined that the following person(s) are on the Electronic Mail Notice List to receive NEF
15 transmission at the email address(es) indicated on the attached Service List.
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Executed on December 3, 2012 at Los Angeles, California.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

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____/s/ Leopoldo Mendoza_____________

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Leopoldo Mendoza

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PLAINTIFF’S VOLUNTARY DISMISSAL ONLY AGAINST DEFENDANT TAYLOR BEAN & WHITAKER
MORTGAGE CORPORATION

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ATTACHMENT NO. “1” SERVICE LIST

2 Andrew Bao, Esq.
Wolfe & Wyman
3 5 Park Plaza, Ste. 1100
Irvine, CA 92614
4 Email: [e-mail] (sent via NEF, Email, and U.S. Mail)
Attorneys for Defendants CITIMORTGAGE, INC., U.S. BANK NATIONAL ASSOCIATION
5 AS TRUSTEE OF THE CMALT SERIES 2007-A2, REMIC PASS THROUGH
CERTIFICATES, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.
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7 Jacqueline S Eberhard, Esq.
Terry Loftus, Esq.
8 McCarthy & Holthus LLP
1770 Fourth Ave.
9 San Diego, CA 92101
Email: [e-mail] (sent via NEF, Email, and U.S. Mail)
10 Attorneys for Defendant: QUALITY LOAN SERVICE CORPORATION
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Dan E. Chambers, Esq.
12 Troutman Sanders LLP
5 Park Plaza, Suite 1400
13 Irvine, CA 92614-2545
Email: [e-mail] (sent via Email and U.S. Mail)
14 Attorneys for Defendant: TAYLOR BEAN & WHITAKER MORTGAGE CORPORATION
15 Elizabeth (SV) F Rojas (TR)
16 Noble Professional Center
15060 Ventura Blvd., Suite 240
17 Sherman Oaks, CA 91403
[e-mail] (sent via NEF)
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PLAINTIFF’S VOLUNTARY DISMISSAL ONLY AGAINST DEFENDANT TAYLOR BEAN & WHITAKER
MORTGAGE CORPORATION