Cagle et al v. OCWEN Loan Servicing, LLC et al

Filing 28

ORDER DISMISSING ENTIRE CASE WITHOUT PREJUDICE. Signed by Magistrate Judge Maria-Elena James on 4/19/2017. (rmm2S, COURT STAFF) (Filed on 4/19/2017)

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S UNIT ED RT U O ISTRIC ES D TC T TA A H LI RT FO NO R NIA D 1 Matthew Mellen (SBN: 233350) RDERE S SO O Jessica Galletta (SBN: 281179) IT I 2 MELLEN LAW FIRM One Embarcadero Center, Fifth Floor es 3 lena Jam San Francisco, California 94111 Maria-E Judge 4 Telephone: (415) 315-1653 Facsimile: (415) 276-1902 ER 5 Attorneys for Plaintiff, C N MICHAEL CAGLE and ANNA CAGLE OF D IS T IC T 6 R WRIGHT, FINLAY & ZAK, LLP 7 T. Robert Finlay, Esq., SBN 167280 IT IS SO ORDERED. Entire Case is 8 Todd E. Chvat, Esq., SBN 238282 Dismissed without Prejudice. Kristina M. Pelletier, Esq. SBN 279533 9 4665 MacArthur Court, Suite 200 Dated: 4/19/2017 Newport Beach, CA 92660 10 Tel: (949) 477-5050; Fax: (949) 477-9200 11 Attorneys for Defendants, 12 OCWEN LOAN SERVICING, LLC; and HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 13 2007-OA3 (erroneously sued as “HSBC BANK, USA”) 14 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 17 MICHAEL CAGLE, an individual, and ANNA CAGLE, an individual 18 Plaintiffs, v. 19 20 OCWEN LOAN SERVICING, LLC, a business entity; HSBC BANK, USA, a 21 business entity and Does 1 through 50, inclusive, 22 Defendant. 23 24 25 Case No.: 3:16-cv-06187-MEJ [Assigned to the Hon. Maria-Elena James] STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE [FRCP, Rule 41(a)(1)(A)(ii)] Compl. Filed: Trial Date: September 23, 2016 None Set 26 27 28 3:16-cv-06187-MEJ STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE 1 TO THE HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS, IF 2 3 ANY: 4 PLEASE TAKE NOTICE that Plaintiffs MICHAEL CAGLE and ANNA CAGLE 5 (“Plaintiffs”), and Defendants OCWEN LOAN SERVICING, LLC and HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES 6 MORTGAGE LOAN TRUST, SERIES 2007-OA3 (erroneously sued as “HSBC BANK, USA”), 7 (collectively “Defendants”) by and through their counsel of record, hereby stipulate and agree as 8 follows: 9 1. Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii), Plaintiffs 10 and Defendants hereby stipulate to immediately dismiss, without prejudice, the above11 captioned action in its entirety and as to all parties. 12 IT IS SO STIPULATED. 13 14 Dated: April 19, 2017 MELLEN LAW FIRM 15 By: 16 17 18 /s/ Jessica Galletta______________________ Jessica Galletta, Esq. Counsel for Plaintiffs, MICHAEL CAGLE; and ANNA CAGLE 19 20 21 Dated: April 19, 2017 WRIGHT FINLAY & ZAK 22 23 24 25 26 27 28 By: /s/ Kristina M. Pelletier Kristina M. Pelletier, Esq, Counsel for Defendants, OCWEN LOAN SERVICING, LLC; and HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE FOR DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2007OA3 2 3:16-cv-06187-MEJ STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE 1 PROOF OF SERVICE 2 3 4 5 6 7 8 9 10 I, Iryna Brown, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On April 19, 2017, I served the following document(s) described as STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE on all interested parties in this action as follows: [ ] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: 11 Mathew Mellen, Esq. Jessica Galletta, Esq. Mellen Law Firm One Embarcadero Center, Fifth Floor San Francisco, CA 94111 Tel: 415-315-1653 Fax: 415-276-1902 Email. [Attorney for Plaintiffs, Michael Cagle and Anne Cagle] 12 13 14 15 16 17 [ Ii (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [] (BY FEDEX OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by FedEx Overnight with the delivery fees provided for. [ X] (CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to the office(s) of the addressee(s) listed by electronic mail at the e-mail address(es) set forth above pursuant to Fed.R.Civ.P.5(b)(2)(E). "A Notice of Electronic Filing (NEF) is generated automatically by the ECF system upon completion of an electronic filing. The NEF, when e-mailed to the e-mail address of record in the case, shall constitute the proof of service as required by Fed.R.Civ.P.5(b)(2)(E). A copy of the NEF shall be attached to any document served in the traditional manner upon any party appearing pro se." 18 19 20 21 22 23 24 25 [X] (Federal) I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 26 Executed on April 19, 2017, at Newport Beach, California. 27 5 ).1 Iryna Bro16 1(i 28 1 PROOF OF SERVICE

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