Lundy v. Selene Finance, LP et al

Filing 113

STIPULATION AND ORDER re 112 STIPULATION WITH PROPOSED ORDER STIPULATION OF DISMISSAL OF CAUSE OF ACTION: VIOLATION OF CALIFORNIA CIVIL CODE SECTION 2923.55(a) and 55(b)(1)(B) filed by Wilmington Savings Fund Society, FSB, Selene Finance, LP. Signed by Judge Jon S. Tigar on February 7, 2017. (wsn, COURT STAFF) (Filed on 2/7/2017)

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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]
Attorneys for Plaintiff
JOHN F. LUNDY

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IN THE UNITED STATES DISTRICT COURT

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THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN F. LUNDY

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Plaintiff,
v.

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SELENE FINANCE, LP; MTC
FINANCIAL d/b/a TRUSTEE CORPS;
JPMORGAN CHASE BANK, N.A.;
BANK OF AMERICA, N.A.;
WILMINGTON SAVINGS FUND
SOCIETY, FSB d/b/a CHRISTIANA
TRUST, as trustee for BCAT 201412TT and DOES 1-100 inclusive,
Defendant(s).

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) Case No. 3:15-cv-05676-EDL
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) STIPULATION OF DISMISSAL
) OF CAUSE OF ACTION:
) VIOLATION OF CALIFORNIA
) CIVIL CODE SECTION
2923.55(a) and 55(b)(1)(B)
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) Complaint filed: Nov. 6, 2016
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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), Plaintiff, John

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F. Lundy, and Defendants, Selene Finance LP and Wilmington Savings Fund

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Society, FSB, doing business as Christiana Trust, not in its individual capacity,

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but solely as trustee for BCAT 2014-12TT (collectively the “Parties”) 1 by and

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through their attorneys, hereby stipulate and agree as follows:

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1. The Parties agree to dismiss the third cause of action for Violation of

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Cal. Civil Code sections 2923.55(a) and 55(b)(1)(B).

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A [Proposed] Judgment (Document No. 104) was filed by Defendant MTC Financial Inc. dba
Trustee Corps on July 22, 2016. The [Proposed] Judgment has not yet been signed by the Court.
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Dated: February 7, 2017

LAW OFFICES OF CHARLES T.
MARSHALL

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/s/ Charles T. Marshall, Esq.
Charles T. Marshall
Attorney for Plaintiff
JOHN F. LUNDY

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Dated: February 7, 2017

WRIGHT, FINLAY, & ZAK
/s/ Ruby J. Chavez, Esq.
Ruby Chavez, Esq.
Attorneys for Defendant,
SELENE FINANCE, LP

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[PROPOSED] ORDER
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The Court, having reviewed the stipulation of Plaintiff, John F. Lundy, and
Defendants, Selene Finance LP and Wilmington Savings Fund Society, FSB,

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doing business as Christiana Trust, not in its individual capacity, but solely as

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trustee for BCAT 2014-12TT (collectively the “Parties”), and good cause

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appearing, hereby orders as follows:

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1. Parties having agreed to dismiss only cause of action: Violation of Cal.

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Civil Code sections 2923.55(a) and 55(b)(1)(B), and not the entire case,

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same cause of action is hereby dismissed.

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IT IS SO ORDERED.
February 7, 2017
Dated: ____________

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Honorable United States Judge
Northern District of California

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