Rothman v. U.S. Bank National Association et al

Filing 132

ORDER OF DISMISSAL OF U.S. BANK WITH PREJUDICE The Third Amended Complaint is dismissed with prejudice and with each party paying their own attorneys' fees and costs. Signed by Judge Maxine M. Chesney on June 12, 2015. (mmclc2, COURT STAFF) (Filed on 6/12/2015)

Case3:13-cv-03381-MMC Document131 Filed06/12/15 Page1 of 4

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LECLAIRRYAN LLP
ROBERT S. MCWHORTER (SBN 226186)
980 9th Street, 16th Floor
Sacramento, CA 95814
Telephone:
916.449.9690
Facsimile:
916.449.9694
[e-mail]

Attorneys for Defendant
U.S. BANK NATIONAL ASSOCIATION, SUCCESSOR IN
INTEREST TO THE FEDERAL DEPOSIT INSURANCE
CORPORATION AS RECEIVER FOR DOWNEY SAVINGS
AND LOAN ASSOCIATION, F.A.

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Randolph Gaw (S.B. #223718) – [e-mail]
GAW | POE LLP
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff Marshal Rothman

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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MARSHAL ROTHMAN

Case No. 3:13-CV-03381-MMC

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Plaintiff,

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v.

STIPULATION AND ORDER OF
DISMISSAL OF U.S. BANK WITH
PREJUDICE

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U.S. BANK NATIONAL
ASSOCIATION
Defendant.

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STIP. OF DISMISSAL WITH PREJUDICE
CASE NO. 3:13-CV-03381-MMC

Case3:13-cv-03381-MMC Document131 Filed06/12/15 Page2 of 4

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STIPULATION

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Plaintiff, Marshal Rothman (“Rothman”) and Defendant, U.S. Bank National Association,

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Successor in Interest to the Federal Deposit Insurance Corporation, Receiver for Downey Savings

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and Loan Association, F.A. (“U.S. Bank”) (collectively, the “Parties”):

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1.

On July 19, 2013, Rothman filed a Complaint against U.S. Bank and Old Republic

Diversified Services, Inc.
2.

On June 13, 2014, Rothman filed his Third Amended Complaint against

U.S. Bank, which was subsequently supplemented by Rothman with leave of the Court.
3.

On April 21, 2015, Rothman and U.S. Bank entered into a confidential Settlement

Agreement, which resolved and released all of the claims between the Parties.
4.

Pursuant to Rule 41(a)(1)(A)(ii) and/or Rule 4(a)(2), the Third Amended

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Complaint should be dismissed with prejudice and with each party paying their own attorneys’

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fees and costs

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STIPULATED AND AGREED TO BY:

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Dated: June 12, 2015

GAW | POE LLP

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By:

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/s/Randolph Gaw
Randolph Gaw
Attorneys for Plaintiff
Marshal Rothman

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Dated: June 12, 2015

LECLAIRRYAN

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By:

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/s/Robert S. McWhorter
Robert S. McWhorter
Attorneys for Defendant, U.S. Bank
National Association, Successor in
Interest to the Federal Deposit Insurance
Corporation, Receiver for Downey
Savings and Loan Association, F.A.

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STIP. OF DISMISSAL WITH PREJUDICE
CASE NO. 3:13-CV-03381-MMC

Case3:13-cv-03381-MMC Document131 Filed06/12/15 Page3 of 4

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Order

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Based on the foregoing Stipulation, good cause exists:

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IT IS HEREBY ORDERED THAT the Third Amended Complaint is dismissed with

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prejudice and with each party paying their own attorneys’ fees and costs.

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June 12, 2015
Dated:______________

__________________________
U.S. District Court Judge

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STIP. OF DISMISSAL WITH PREJUDICE
CASE NO. 3:13-CV-03381-MMC