Quesada et al-v-Bank of America Corporation

Filing 96

STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE; ORDER DISMISSING CASE. The Court VACATES the Compliance Hearing set for 6/7/2013 and all other dates set in this action. Signed by Judge Yvonne Gonzalez Rogers on 5/29/13. (fs, COURT STAFF) (Filed on 5/29/2013)

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

1 David C. Powell (SBN 129781)
Email: [e-mail]
2 David S. Reidy (SBN 225904)
Email: [e-mail]
3 Ashley L. Shively (SBN 264912)
Email: [e-mail]
4 REED SMITH LLP
101 Second Street, Suite 1800
5 San Francisco, CA 94105-3659
Telephone:
[phone]
[phone]
6 Facsimile:
7 Attorneys for Defendant
Merrill Lynch, Pierce, Fenner & Smith, Inc.,
8 successor in interest to Banc of America
Investment Services, Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA – OAKLAND DIVISION
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ELWOOD QUESADA, JAMES DeROSA, and
Case No. CV-11-01703 YGR
12 Others Similarly Situated,
STIPULATION OF DISMISSAL WITH
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Plaintiffs,
PREJUDICE; [PROPOSED] ORDER
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vs.

15 BANC OF AMERICA INVESTMENT
SERVICES, INC., NKA MERRILL LYNCH,
16 PIERCE, FENNER & SMITH, INC,
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Honorable Yvonne Gonzalez Rogers

Defendant.

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Case No. CV-11-01703 YGR

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STIPULATION OF DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER

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IT IS HEREBY STIPULATED by and between the parties to this action through their

2 designated counsel that the above-captioned action be and hereby is dismissed with prejudice
3 pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii). Each party shall bear its own costs and
4 attorneys’ fees.
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SO STIPULATED:

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DATED: May 29, 2013

REED SMITH LLP

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By

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REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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/s/ Ashley L. Shively
Ashley L. Shively
Attorney for Defendant
Merrill Lynch, Pierce, Fenner & Smith, Inc.,
successor in interest to Banc of America Investment
Services, Inc.

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DATED: May 29, 2013

LAW OFFICES OF JON E. DRUCKER, PC

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By

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/s/ Jon E. Drucker
[concurrence in filing received]
Jon E. Drucker
Attorney for Plaintiff
Elwood Quesada

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Case No. CV-11-01703 YGR

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STIPULATION OF DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER

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[PROPOSED] ORDER

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The Court, having considered the Stipulation between the parties, Orders the operative

3 complaint in this action DISMISSED WITH PREJUDICE, with each side to bear its own costs and
4 attorneys’ fees. The Court VACATES the compliance hearing set for June 7, 2013, and all other dates
5 set in this action.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: May 29, 2013
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_____________________________________
Honorable Yvonne Gonzalez Rogers
United States District Court Judge

REED SMITH LLP

A limited liability partnership formed in the State of Delaware

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Case No. CV-11-01703 YGR

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STIPULATION OF DISMISSAL WITH PREJUDICE; [PROPOSED] ORDER