McDonald et al v. Indymac Mortgage Services et al

Filing 158

ORDER FOR DISMISSAL OF ACTION AGAINST DEFENDANTS WITH PREJUDICE The action is dismissed with prejudice. Each party shall bear his, her, or its own attorneys' fees and costs related to this action. Signed by Judge Maxine M. Chesney on January 5, 2015. (mmclc2, COURT STAFF) (Filed on 1/5/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA — SAN FRANCISCO DIVISION

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DARRELL McDONALD, FLORA
11 McDONALD,
Plaintiffs,

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vs.

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14 INDYMAC MORTGAGE SERVICES;
NDEX WEST, LLC; ONEWEST BANK,
15 FSB; DEUTSCHE BANK NATIONAL
TRUST COMPANY; WELLS FARGO
16 BANK, N.A.; ALL PERSONS UNKNOWN,
CLAIMING ANY LEGAL OR EQUITABLE
17 RIGHT, LIEN, OR INTEREST IN THE
PROPERTY DESCRIBED IN THE
18 COMPLAINT ADVERSE TO PLAINTIFFS’
TITLE OR ANY CLOUD ON THAT TITLE;
19 and DOES 1 THROUGH 10,

Case No. 3:12-cv-04610-MMC
JOINT STIPULATION AND [PROPOSED]
ORDER FOR DISMISSAL OF ACTION
AGAINST DEFENDANTS WITH
PREJUDICE
The Hon. Maxine M. Chesney

Action Filed:

September 4, 2012

Defendants.

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55000.0470/2550327.1
229915.2

3:12-cv-04610-MMC

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Plaintiffs Darrell McDonald and Flora McDonald (“Plaintiffs”) and Defendants OneWest

2 Bank, N.A., (formerly known as OneWest Bank, FSB and erroneously sued as IndyMac Mortgage
3 Services, which is a division of OneWest) (“OneWest”), Deutsche Bank National Trust
4 Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2005-AR16IP, Mortgage Pass5 Through Certificates, Series 2005-AR16IP Under the Pooling and Servicing Agreement Dated
6 July 1, 2005 ("Deutsche Bank"), and NDeX West, LLC (“NDeX”) (collectively, “Defendants”)
7 hereby stipulate and agree as follows:
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1.

The Parties have resolved any disputes related to the above-referenced action;

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Plaintiffs therefore wish to dismiss this action against Defendants with prejudice;

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Each Party shall bear his, her, or its own attorneys’ fees and costs related to this

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Date: December 22, 2014

By: /s/ Darrell McDonald
Darrell McDonald
Pro Se

Date: December 22, 2014

By: /s/ Flora McDonald
Flora McDonald
Pro Se

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BRYAN CAVE, LLP
By: /s/ Dave Owens
Dave Owens
Attorney for Defendants
OneWest Bank, NA and Deutsche Bank
National Trust Company, as Trustee

21 Date: December 22, 2014
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229915.2

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BARRETT DAFFIN FRAPPIER TREDER
& WEISS, LLP
By: /s/ Darlene Hernandez
Darlene Hernandez
Attorney for Defendant
NDeX West, LLC

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3 Date: December 22, 2014
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229915.2

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PROPOSED ORDER

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The Court, having read the above stipulation and good cause appearing therefor, IT IS

3 HEREBY ORDERED THAT:
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1.

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This action shall be dismissed against Defendants with prejudice; and

2.

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Each Party shall bear his, her, or its own attorneys’ fees and costs related to the

action.

8 Date: ___________________
January 5, 2015

_________________________________
United States District Judge

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229915.2