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
1
2
3
4
5
6
7
LECLAIRRYAN LLP
ROBERT S. MCWHORTER (SBN 226186)
980 9th Street, 16th Floor
Sacramento, CA 95814
Telephone:
916.449.9690
Facsimile:
916.449.9694
robert.mcwhorter@leclairryan.com
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.
8
11
Randolph Gaw (S.B. #223718) – rgaw@gawpoe.com
GAW | POE LLP
4 Embarcadero Center, Suite 1400
San Francisco, CA 94111
Telephone: (415) 766-7451
Facsimile: (415) 737-0642
12
Attorneys for Plaintiff Marshal Rothman
9
10
13
14
15
UNITED STATES DISTRICT COURT
16
NORTHERN DISTRICT OF CALIFORNIA
17
SAN FRANCISCO DIVISION
18
MARSHAL ROTHMAN
Case No. 3:13-CV-03381-MMC
19
Plaintiff,
20
v.
STIPULATION AND ORDER OF
DISMISSAL OF U.S. BANK WITH
PREJUDICE
21
22
23
U.S. BANK NATIONAL
ASSOCIATION
Defendant.
24
25
26
27
28
STIP. OF DISMISSAL WITH PREJUDICE
CASE NO. 3:13-CV-03381-MMC
Case3:13-cv-03381-MMC Document131 Filed06/12/15 Page2 of 4
1
STIPULATION
2
Plaintiff, Marshal Rothman (“Rothman”) and Defendant, U.S. Bank National Association,
3
Successor in Interest to the Federal Deposit Insurance Corporation, Receiver for Downey Savings
4
and Loan Association, F.A. (“U.S. Bank”) (collectively, the “Parties”):
5
6
7
8
9
10
11
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
12
Complaint should be dismissed with prejudice and with each party paying their own attorneys’
13
fees and costs
14
STIPULATED AND AGREED TO BY:
15
Dated: June 12, 2015
GAW | POE LLP
16
17
By:
18
19
/s/Randolph Gaw
Randolph Gaw
Attorneys for Plaintiff
Marshal Rothman
20
21
Dated: June 12, 2015
LECLAIRRYAN
22
23
By:
24
25
26
/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.
27
28
-1-
STIP. OF DISMISSAL WITH PREJUDICE
CASE NO. 3:13-CV-03381-MMC
Case3:13-cv-03381-MMC Document131 Filed06/12/15 Page3 of 4
1
Order
2
Based on the foregoing Stipulation, good cause exists:
3
IT IS HEREBY ORDERED THAT the Third Amended Complaint is dismissed with
4
prejudice and with each party paying their own attorneys’ fees and costs.
5
6
June 12, 2015
Dated:______________
__________________________
U.S. District Court Judge
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-
STIP. OF DISMISSAL WITH PREJUDICE
CASE NO. 3:13-CV-03381-MMC
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?