Boessenecker et al v. JPMorgan Chase Bank

Filing 56

ORDER DISMISSING CASE WITH PREJUDICE Pursuant to the stipulation of the parties and good cause appearing, the lawsuit is dismissed with prejudice. Signed by Judge Maxine M. Chesney on September 30, 2014. (mmclc2, COURT STAFF) (Filed on 9/30/2014)

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1 2 3 4 5 PHILIP A. MCLEOD, CASB No. 101101 philip.mcleod@kyl.com JESSICA LUHRS, CASB No. 284846 jessica.luhrs@kyl.com KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 6 7 Attorneys for Defendant JPMORGAN CHASE BANK, N.A. 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 JOSEPH and LINDA BOESSENECKER, 12 13 14 Plaintiffs, vs. JPMORGAN CHASE BANK, N.A., 15 Defendant. 16 ) ) ) ) ) ) ) ) ) ) ) Case No. C 13 0491 MMC STIPULATED NOTICE OF DISMISSAL AND [PROPOSED] ORDER 17 18 19 TO THE HONORABLE MAXINE M. CHESNEY, UNITED STATES DISTRICT JUDGE: PLEASE TAKE NOTICE THAT Plaintiffs JOSEPH and LINDA BOESSENECKER 20 (“Plaintiffs”) and Defendant JPMORGAN CHASE BANK, N.A. (“Defendant”) (collectively, the 21 “Parties”), respectfully submit this Stipulated Notice of Dismissal pursuant to Federal Rule of Civil 22 Procedure 41(1)(A)(ii). 23 WHEREAS, the Parties filed a Notice of Settlement on July 16, 2014 in which they 24 advised the Court that they reached a settlement and that Plaintiffs would file a Notice of Dismissal 25 once the terms of the final settlement agreement were fulfilled; 26 WHEREAS, pursuant to the terms of the settlement agreement between the Parties, 27 Plaintiffs agreed to immediately dismiss this action with prejudice once the terms of the final 28 settlement agreement were fulfilled; -1KYL_SF656642 STIPULATED NOTICE OF DISMISSAL AND [PROPOSED] ORDER - Case No. C 13 0491 MMC 1 2 3 4 5 6 7 WHEREAS, on July 23, 2014, this Court issued an order dismissing the lawsuit without prejudice; WHEREAS, on September 25, 2014, the Parties completed the settlement and fulfilled all the terms of the settlement agreement; WHEREAS, Plaintiffs therefore seek an Order from this Court dismissing the lawsuit with prejudice. Respectfully submitted by, 8 9 DATED: September 29, 2014 /s/ Jessica Luhrs _________________________ PHILIP A. MCLEOD JESSICA LUHRS KEESAL, YOUNG & LOGAN Attorneys for Defendant JPMORGAN CHASE BANK, N.A. DATED: September 29, 2014 /s/ Tiffany R. Norman___________________ TIFFANY R. NORMAN TRN LAW ASSOCIATES Attorney for Plaintiffs JOSEPH and LINDA BOESSENECKER 10 11 12 13 14 15 16 17 18 19 20 I, Jessica Luhrs attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 21 22 23 24 25 26 27 28 -2KYL_SF656642 STIPULATED NOTICE OF DISMISSAL AND [PROPOSED] ORDER - Case No. C 13 0491 MMC 1 2 3 [PROPOSED] ORDER Pursuant to the stipulation of the Parties and good cause appearing, it is HEREBY ORDERED that the lawsuit is dismissed with prejudice. 4 5 IT IS SO ORDERED. 6 7 8 9 Dated: September 30, 2014 ___________________________ MAXINE M. CHESNEY United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3KYL_SF656642 STIPULATED NOTICE OF DISMISSAL AND [PROPOSED] ORDER - Case No. C 13 0491 MMC

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