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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1 Matthew Mellen (SBN: 233350)
RDERE
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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: [phone]
Facsimile: [phone]
ER
5 Attorneys for Plaintiff,
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MICHAEL CAGLE and ANNA CAGLE
OF
D IS T IC T
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WRIGHT, FINLAY & ZAK, LLP
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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: [phone]; Fax: [phone]
11 [e-mail]
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”)
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

17 MICHAEL CAGLE, an individual, and
ANNA CAGLE, an individual
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Plaintiffs,
v.
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20 OCWEN LOAN SERVICING, LLC, a
business entity; HSBC BANK, USA, a
21 business entity and Does 1 through 50,
inclusive,
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Defendant.
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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

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3:16-cv-06187-MEJ
STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITHOUT PREJUDICE

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TO THE HONORABLE COURT, ALL PARTIES AND THEIR ATTORNEYS, IF

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3 ANY:
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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
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MORTGAGE LOAN TRUST, SERIES 2007-OA3 (erroneously sued as “HSBC BANK, USA”),
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(collectively “Defendants”) by and through their counsel of record, hereby stipulate and agree as
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follows:
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1.
Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii), Plaintiffs
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and Defendants hereby stipulate to immediately dismiss, without prejudice, the above11
captioned action in its entirety and as to all parties.
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IT IS SO STIPULATED.
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Dated: April 19, 2017

MELLEN LAW FIRM

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By:

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/s/ Jessica Galletta______________________
Jessica Galletta, Esq.
Counsel for Plaintiffs,
MICHAEL CAGLE; and
ANNA CAGLE

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21 Dated: April 19, 2017

WRIGHT FINLAY & ZAK

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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
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3:16-cv-06187-MEJ

STIPULATION FOR DISMISSAL OF ENTIRE ACTION WITH PREJUDICE

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PROOF OF SERVICE

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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:

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Mathew Mellen, Esq.
Jessica Galletta, Esq.
Mellen Law Firm
One Embarcadero Center, Fifth Floor
San Francisco, CA 94111
Tel: [phone]
Fax: [phone]
Email. [e-mail]
[Attorney for Plaintiffs, Michael Cagle and Anne Cagle]

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(BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date
following ordinary business practices.

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(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."

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[X] (Federal) I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct.

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Executed on April 19, 2017, at Newport Beach, California.

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Iryna Bro16
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PROOF OF SERVICE