First Republic Bank et al v. End of Music, LLC et al

Filing 14

ORDER DISMISSING CASE, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 11/6/09. (nah, COURT STAFF) (Filed on 11/6/2009)

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HANSON BRIDGETT LLP BATYA F. SWENSON - 192396 [e-mail] ADAM W. HOFMANN - 238476 [e-mail] 425 Market Street, 26th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff FIRST REPUBLIC BANK, A Division of Merrill Lynch Bank & Trust Co., FSB UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION FIRST REPUBLIC BANK, A Division of Merrill Lynch Bank & Trust Co., FSB, a U.S. federal savings bank, Plaintiff, v. THE END OF MUSIC, LLC, a California limited liability company, COURTNEY LOVE, an individual, and LAIRD NORTON TYEE TRUST COMPANY, a Washington corporation sued as trustee of the FRANCES BEAN COBAIN IRREVOCABLE TRUST, Defendants. No. CV 09-04483-PJH FIRST REPUBLIC BANK'S REQUEST FOR DISMISSAL OF ALL DEFENDANTS; [PROPOSED] ORDER DISMISSING ALL DEFENDANTS Action Filed: Trial Date: September 23, 2009 TBD

TO THE HONORABLE PHYLLIS J. HAMILTON AND THE CLERK OF THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA: /// /// ///

-1REQUEST FOR DISMISSAL; [PROPOSED] ORDER OF DISMISSAL CV 09-04483-PJH
2089112.1

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Pursuant to the Settlement Agreement and Mutual Release (the "Agreement") entered into by all parties in and with regard to the above-captioned action, plaintiff First Republic Bank hereby requests this Court to enter an order dismissing the case against all defendants with prejudice. Except as otherwise required by the terms of the Agreement, each party will bear its own costs, expenses, and attorneys' fees.

DATED: November 3, 2009 By:

HANSON BRIDGETT LLP /s/ BATYA F. SWENSON Attorneys for Plaintiff FIRST REPUBLIC BANK, A Division of Merrill Lynch Bank & Trust Co., FSB

ORDER IT IS HEREBY ORDERED THAT the above-captioned matter is dismissed with prejudice as to all defendants; and IT IS HEREBY FURTHER ORDERED THAT each party will bear its own costs, expenses, and attorneys' fees except as otherwise required by the terms of the parties' Settlement Agreement and Mutual Release.

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