Canonizado v. First American Loanstar Trustee Services et al

Filing 24

ORDER re 23 granting STIPULATION REQUESTING REMAND OF PLAINTIFF'S COMPLAINT.. Signed by Judge Claudia Wilken on 10/15/09. (scc, COURT STAFF) (Filed on 10/15/2009)

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WOLFE & WYMAN LLP
Attorneys & Counselors At Law

Stuart B. Wolfe (SBN 156471) [e-mail] Megan E. Gruber (SBN 246122) [e-mail] WOLFE & WYMAN LLP 2175 N. California Blvd., Suite 415 Walnut Creek, California 94596-3579 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; HOME LOAN SERVICES, INC.; BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2 (erroneously sued as "LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan AssetBacked Certificate, Series 2007-FF2") UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OLIVE CANONIZADO, Plaintiff, v. FIRST AMERICAN LOANSTAR TRUSTEE SERVICES; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; HOME LOAN SERVICES, INC.; LASALLE BANK NATIONAL ASSOCIATION AS TRUSTEE FOR FIRST FRANKLIN MORTGAGE LOAN TRUST 2007-FF2, MORTGAGE LOAN ASSETBACKED CERTIFICATES, SERIES 2007-FF2; and DOES 1 through 50, inclusive, Defendants. Case No.: 4:09-cv-03530-CW STIPULATION AND [PROPOSED] ORDER REQUESTING REMAND OF PLAINTIFF'S COMPLAINT

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IT IS HEREBY STIPULATED by and between Plaintiff Olive Canonizado ("Plaintiff") and Defendants Home Loan Services, Inc., Mortgage Electronic Registration Systems, Inc. and First Franklin, A Division of National City Bank ("Defendants"), by and through their undersigned counsel of record in this action, without waiving or limiting their rights, as follows: 1
STIPULATION AND [PROPOSED] ORDER REQUESTING REMAND OF PLAINTIFF'S COMPLAINT
C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\Stip-prop Order.doc

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WOLFE & WYMAN LLP
Attorneys & Counselors At Law

1.

Whereas, pursuant to 28 U.S.C. section 1441(b), Defendants removed this action to

this court on July 31, 2009, on grounds that this Court had original jurisdiction under 28 U.S.C. section 1331 in that, in relevant part, this action arose under 12 U.S.C. section 1701x. 2. Whereas Plaintiff brought a Motion to Remand and Defendants brought a Motion to

Dismiss under Rule 12(b)(6), the parties have been conferring regarding the motions. 3. Whereas, as a result of those conferences, the parties have agreed that all the causes

of action stated in the Amended Complaint for Damages and Equitable Relief should be remanded to the Superior Court of the State of California for the County of Alameda. 4. 5. Whereas, the parties further agree that the Motion to Dismiss shall be withdrawn. Whereas, the parties further agree that each party shall bear its own costs for the

Motion to Remand and the Motion to Dismiss. 6. This Stipulation shall not be construed as an admission by Defendants to any of the

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allegations contained in the Amended Complaint. Further, Defendants do not waive or limit their right to move or otherwise challenge the Complaint, any causes of action, or any allegations contained therein. NOW, THEREFORE, the parties agree and hereby request that this Court enter the Order to Remand. DATED: October 12, 2009 WOLFE & WYMAN LLP

By: /s/ Megan E. Gruber STUART B. WOLFE MEGAN E. GRUBER Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; HOME LOAN SERVICES, INC.; BANK OF AMERICA, N.A., as successor by merger to LaSalle Bank National Association as Trustee for First Franklin Mortgage Loan Trust 2007-FF2, Mortgage Loan Asset-Backed Certificates, Series 2007-FF2

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STIPULATION AND [PROPOSED] ORDER REQUESTING REMAND OF PLAINTIFF'S COMPLAINT
C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\Stip-prop Order.doc

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WOLFE & WYMAN LLP
Attorneys & Counselors At Law

DATED: October 13, 2009

LAW OFFICES OF TRACY WOOD

By: /s/ Tim Reed TRACY WOOD TIMOTHY REED Attorneys for Plaintiff OLIVE CANONIZADO

******************* BY STIPULATION, IT IS SO ORDERED.

10/15/09

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_____________________________________ Judge of the United States District Court

STIPULATION AND [PROPOSED] ORDER REQUESTING REMAND OF PLAINTIFF'S COMPLAINT
C:\Documents and Settings\Workstation\Local Settings\Temp\notes95EC0B\Stip-prop Order.doc