Gieseke et al v. Bank of America, N.A. et al

Filing 78

STIPULATION AND ORDER re 77 STIPULATION WITH PROPOSED ORDER Stipulation of Dismissal filed by U.S. Bank, N.A., Bank of America, N.A. Signed by Judge Jon S. Tigar on February 9, 2017. (wsn, COURT STAFF) (Filed on 2/9/2017)

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Charles T. Marshall, Esquire (SBN 176091)
Law Offices of Charles T. Marshall
415 Laurel Street, # 405
San Diego, California 92101
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Plaintiffs
DOROTHY C. GIESEKE and
DONALD GIESEKE
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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DOROTHY C. GIESEKE and
DONALD GIESEKE,

STIPULATION OF DISMISSAL
Plaintiff,

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Case No.: 13-cv-04772-JST

vs.
BANK OF AMERICA, N.A., SPECIALIZED
LOAN SERVICING LLC and US BANK, N.A.,
as Trustee for THE CERTIFICATEHOLDERS
OF BANC OF AMERICA FUNDING
CORPORATION MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2007-D
Defendant(s).

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TO THE COURT AND ALL PARTIES:

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Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiffs, DOROTHY C.

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GIESEKE and DONALD GIESEKE, and Defendants, BANK OF AMERICA, N.A., and US

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BANK, N.A., as Trustee for THE CERTIFICATEHOLDERS OF BANC OF AMERICA

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FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES

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2007-D (collectively the “Parties”) by and through their attorneys, hereby stipulate and agree as

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follows:

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1.   Plaintiffs’ DOROTHY C. GIESEKE and DONALD GIESEKE’s Complaint is
hereby dismissed.
STIPULATION OF DISMISSAL
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2.   Parties per settlement agreement hereby agree to dismiss BANK OF AMERICA,

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N.A., and US BANK, N.A., as Trustee for THE CERTIFICATEHOLDERS OF

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BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-

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THROUGH CERTIFICATES, SERIES 2007-D with prejudice, disposing of the

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entire case.

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3.   The Parties shall bear their own attorneys’ fees and costs in connection with the
above-referenced action.

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Dated: February 9, 2017

LAW OFFICES OF CHARLES T. MARSHALL

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/s/ Charles T. Marshall
Charles T. Marshall
Attorneys for Plaintiffs
DOROTHY C. GIESEKE and
DONALD GIESEKE

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DATED: February 8, 2017

SEVERSON AND WERSON
By: /s/ Brian S. Whittemore
Brian S. Whittemore
Attorneys for Defendants,
BANK OF AMERICA, N.A., and US BANK,
N.A.,
as
Trustee
for
THE
CERTIFICATEHOLDERS OF
BANC
OF
AMERICA
FUNDING
CORPORATION
MORTGAGE
PASSTHROUGH CERTIFICATES, SERIES 2007-D

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STIPULATION OF DISMISSAL
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[PROPOSED] ORDER

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The Court, having reviewed the stipulation of DOROTHY C. GIESEKE and DONALD

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GIESEKE, and Defendants, BANK OF AMERICA, N.A., and US BANK, N.A., as Trustee for

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THE CERTIFICATEHOLDERS OF BANC OF AMERICA FUNDING CORPORATION

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MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-D, and good cause
appearing, hereby orders as follows:

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1.   Plaintiffs DOROTHY C. GIESEKE and DONALD GIESEKE’s Complaint is
hereby dismissed.

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2.   Parties hereby per settlement agreement dismiss BANK OF AMERICA, N.A., and

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US BANK, N.A., as Trustee for THE CERTIFICATEHOLDERS OF BANC OF

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AMERICA

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CERTIFICATES, SERIES 2007-D with prejudice, disposing of the entire case.

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FUNDING

CORPORATION

MORTGAGE

PASS-THROUGH

3.   The Parties shall bear their own attorneys’ fees and costs in connection with the
above-referenced action.

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IT IS SO ORDERED.
Dated: February 9, 2017

________________________________
Honorable United States Judge
Northern District of California

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STIPULATION OF DISMISSAL
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