Blackmon v. U.S. Bank National Association et al

Filing 24

STIPULATION AND ORDER OF DISMISSAL AND REMANDING CASE to the Superior Court of California, County of Alameda. Signed by Judge Saundra Brown Armstrong, on 1/15/10. ***Civil Case Terminated. (lrc, COURT STAFF) (Filed on 1/15/2010) Modified on 1/19/2010 (jlm, COURT STAFF).

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DONALD J. QUERIO (State Bar No. 54367) Email: [e-mail] JASON M. JULIAN (State Bar No. 215342) Email: [e-mail] SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, CA 94111 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant: U.S. Bank National Association as Trustee for CSMC Mortgage Backed Pass-Through Certificates, Series 2006-4 and U.S. Bancorp dba U.S. Bank UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

13 DOLORES BLACKMON, 14 15 vs. Plaintiff,

Case No.: C 09-04720 SBA STIPULATION FOR DISMISSAL WITH PREJUDICE OF FEDERAL CLAIMS AND REMAND OF STATE LAW CLAIMS; AND ORDER THEREON

16 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CSMC MORTGAGE 17 BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-4, FIRST 18 AMERICAN LOANSTAR TRUSTEE SERVICES, MORTGAGE ELECTRONIC 19 REGISTRATION SYSTEMS, INC., and DOES 1 TO 50, 20 Defendants. 21 22 23 24 25 26 27 28

WHEREAS defendants U.S. Bank National Association as Trustee for CSMC Mortgage Backed Pass-Through Certificates, Series 2006-4 and U.S. Bancorp dba U.S. Bank ("US Bank") removed the above-captioned matter based upon federal question jurisdiction on October 5, 2009, and subsequently filed a motion to dismiss presently set for hearing on February 2, 2010. WHEREAS defendant First American Loanstar Trustee Services ("FALTS") filed a motion to dismiss presently set for hearing on February 2, 2010.
07685/0446/783054.1

STIPULATION AND [PROPOSED] ORDER Case No. C 09-04720 SBA

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WHEREAS plaintiff Dolores Blackmon ("Blackmon") filed a motion for remand presently set for hearing on February 2, 2010. In light of the foregoing, the undersigned parties have met and conferred and hereby stipulate as follows: 1) 2) Blackmon's federal claims in this matter are hereby dismissed with prejudice. Blackmon's remaining state law claims shall be remanded to the Superior Court of California for the County of Alameda. 3) Defendants' responses to the Complaint in this matter shall be due for filing in the Alameda County Superior Court within thirty (30) days after the above-captioned Court's entry of order of remand. IT IS SO STIPULATED. DATED: January 11, 2010 SEVERSON & WERSON A Professional Corporation By: /s/ Jason M. Julian Jason M. Julian Attorneys for Defendant: U.S. Bank National Association as Trustee for CSMC Mortgage Backed Pass-Through Certificates, Series 2006-4 and U.S. Bancorp dba U.S. Bank

DATED: January ____, 2010

HOLLAND LAW FIRM George Holland, Jr. Attorneys for Plaintiff By:

DATED: January ____, 2010

LAW OFFICES OF GLENN H. WECHSLER By: /s/ Lawrence Harris Lawrence Harris Attorneys for Defendant First America Loanstar Trustee Services

PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: 1/15/10 Hon. Saundra Brown Armstrong United States District Judge
-207685/0446/783054.1

STIPULATION AND [PROPOSED] ORDER Case No. C 09-04720 SBA