Plascencia et al v. Lending 1st Mortgage et al

Filing 478

JUDGMENT. Signed by Judge Claudia Wilken on 1/28/2014. (ndr, COURT STAFF) (Filed on 1/28/2014)

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BERNS WEISS LLP
Jeffrey K. Berns (SBN 131351)
[e-mail]
20700 Ventura Boulevard, Suite 140
Woodland Hills, CA 91364
Tel.: [phone]
Fax: [phone]

WILLIAMS CUKER BEREZOFSKY
Mark R. Cuker (admitted pro hac vice)
[e-mail]
1515 Market Street, Suite 1300
Philadelphia, PA 19102
Tel.: [phone]
Fax: [phone]

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SMOGER & ASSOCIATES
Gerson H. Smoger (SBN 79196)
[e-mail]
3175 Monterey Blvd
Oakland, CA, 94602-3560
Tel.: [phone]
Fax: [phone]

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Lee A. Weiss (admitted pro hac vice)
[e-mail]
585 Stewart Avenue, Suite L-20
Garden City, New York 11530
Tel.: [phone]
Fax: [phone]

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[Additional counsel listed on signature page]

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Attorneys for Plaintiffs and the Settlement Class

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION

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ARMANDO PLASCENCIA and MELANIA
PLASCENCIA, individually and on behalf of
all others similarly situated,

Case No. 4:07-cv-04485-CW
(Assigned to Hon. Claudia Wilken)

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CLASS ACTION

Plaintiffs,

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v.

JUDGMENT

LENDING 1ST MORTGAGE, LENDING 1ST
MORTGAGE LLC, EMC MORTGAGE
CORPORATION, and DOES 1 through 10
inclusive,

Complaint Filed:
Trial Date:

Defendants.

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Judgment
4:07-cv-04485-CW

August 29, 2007
Vacated

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The Court having granted final approval of the class action settlement,
IT IS HEREBY ORDERED and adjudged that:

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1.

All claims of the of the named plaintiffs and the Settlement Class, as defined in the

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Settlement Agreement and as certified in this Court's Final Order Approving Settlement, are
DISMISSED WITH PREJUDICE. Each party shall bear their own costs.
2.

Notwithstanding the dismissal of claims in the preceding paragraph, the Court retains

jurisdiction as to all matters relating to the interpretation, administration, implementation,
effectuation and/or enforcement of the Settlement Agreement, the Final Order Approving Settlement
and Dismissing Action with Prejudice, and/or this Judgment.

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3.

All members of the Settlement Class, as defined in the Settlement Agreement and as

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certified in this Court's Final Order Approving Settlement, are permanently enjoined and barred

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from commencing or prosecuting any action asserting any matter within the scope of the Release set

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forth in the Settlement Agreement, either directly, representatively, derivatively, or in any other

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capacity, whether by a complaint, counterclaim, defense, or otherwise, in any local, state, or federal

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court, or in any agency or other authority or forum wherever located.

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1/28/2014
DATED: _______________

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__________________________________
Hon. Claudia Wilken
United States District Judge

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Judgment
4:07-cv-04485-CW