Padilla v. Bank of America Corporation et al

Filing 32

STIPULATION OF VOLUNTARY DISMISSAL OF DEFENDANT NORTH AMERICAN TITLE INSURANCE COMPANY; AND ORDER. Signed by Judge Maxine M. Chesney on February 7, 2014. (mmclc2, COURT STAFF) (Filed on 2/7/2014)

Case3:13-cv-02241-MMC Document27 Filed02/04/14 Page1 of 4

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MARGERY Q. LEE (SBN 096824)
WILLIAMS. FISKE (SBN 246099)
1855 Gateway Boulevard, Suite 600
Concord, CA 94520
Tel: [phone]
Fax: [phone]
[e-mail]
Attorneys for Defendant
North American Title Insurance Company

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA

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RONALD PADILLA,

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Plaintiff,
vs.

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BANK OF AMERICA, N.A., et al.,
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Defendants.

STIPULATION OF VOLUNTARY
DISMISSAL OF DEFENDANT NORTH
AMERICAN TITLE INSURANCE
COMPANY;
AND

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CASE NO.: 3:13-cv-02241-MMC

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) [PROPOSED] ORDER

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The below-identified parties, by and through their counsel of record, submit the

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following Recitals, Stipulation, and proposed form of Order pursuant to Local Rule 7-12,

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31 U.S.C. section 3730(b)(l), and F.R.C.P. Rule 41(a)(l)(A)(i).

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RECITALS
WHEREAS, PlaintitT RONALD PADILLA ("Plaintiff') filed the instant qui tam action
on May 16, 2013;

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STIPULATION RE: DISMISSAL AND PROPOSED ORDER

Case3:13-cv-02241-MMC Document27 Filed02/04/14 Page2 of 4

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WHEREAS, subject to any applicable federal statute, under F.R.C.P. Rule 41 subsection

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(a)(1)(A)(i), a plaintiff may voluntarily dismiss a defendant by filing a notice of dismissal before

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the defendant serves either an answer or a motion for summary judgment;

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WHEREAS, Defendant North American Title Insurance Company (''NATIC") has not

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filed an answer to or motion for summary judgment concerning either the Complaint or the First

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Amended Complaint on file in the above-captioned action;

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WHEREAS, the United States of America filed on August 22, 20 13 its Notice of Election

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to Decline Intervention (the "Notice") (Docket No. 9), which provides in pertinent part that

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pursuant to 31 U.S.C. section 3730(b)(1), claims asserted in the qui tam "action may be

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dismissed only if the coUrt and the Attorney General give written consent to the dismissal and

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their reasons for consenting";

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WHEREAS, NATIC is not named as a defendant in Plaintiff's First Amended Complaint
filed on January 24, 2014 and Plaintiff makes no charging allegations against it;

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WHEREAS, though named as a defendant in the original Complaint, Plaintiff's charging

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allegations did not include any against NATIC, said allegations were instead directed to various

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lenders, and NATIC is a title insurer (not a lender);

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THEREFORE, the parties identified herein, by and through their counsel of record,

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stipulate pursuant to 31 U.S.C. section 3730(b)(1) and F.R.C.P. Rule 41(a)(1)(A)(i) to entry of an

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order providing that:

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1. Defendant NATIC is hereby dismissed from the above-captioned action, without
prejudice to Plaintiff or to the United States of America.
IT IS SO AGREED:

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Dated: January

·s.J, 2014

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CL<
'lei e..t"'"\ &\iY'e"\~sq.
CONSUMER ACTION LAW GROUP, P.C.
Attorneys for Plaintiff RONALD PADILLA

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STIPULATION RE: DISMISSAL AND PROPOSED ORDER

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Dated: January 27, 2014

Is/ William S. Fiske
WilliamS. Fiske, Esq.
Attorneys for Defendant NORTH AMEIUCAN
TITLE INSURANCE COMPANY

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Pursuant to 31 U .S.C. § 3730(b)( 1), the United States of America, through its

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undersigned counsel, hereby consents to the dismissal of Defendant N!\TIC from the above-·
captioned action, provided such dismissal is without pr~judice to the United States.

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MELINDA IIAAG
United States, Attorney

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Dated: February 3, 2013

By:
DOUGLAS K. CHANG
Assistant United States Attorney

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JPROPOSEDJORDER

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Pursuant to the Stipulation between Plaintiff Ronald Padilla and Defendant NATIC, and

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in accordance with the United States of America's consent to the dismissal of Defendant NA TIC

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so long as such dismissal is without prejudice to the United States,
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IT IS IIEREBY ORDERED that Defendant NATIC is dismissed from the above-

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captioned action without prejudice to Plaintiff Ronald Padilla or the United States of America.

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IT IS SO ORDERED.
Dated:

February 7, 2014
MAXINE M. CHESNEY
United Stales District Judge

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STIPULATION RE: DISMISSAL AND PROPOSED ORDER