Mullins v. Metrocities Mortgage et al

Filing 35

STIPULATION AND ORDER re 34 of Dismissal with Prejudice between Howard Mullins and EMC Mortgage Corporation, Subject to Settlement Agreement. Signed by Judge Jeremy Fogel on 1/14/09. (dlm, COURT STAFF) (Filed on 1/23/2009)

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NOTICE OF SETTLEMENT ANDTIPULATION FOR DISMISSAL MULLINS V. METROCITIES, ET AL. CASE NO. C0706021 JF

ANNETTE D. KIRKHAM (STATE BAR NO. 217958) [e-mail] FAIR HOUSING LAW PROJECT 111 West Saint John Street, #315 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

HOWARD MULLINS, Plaintiff, v. METROCITIES MORTGAGE dba NO RED TAPE MORTGAGE, a California Corporation, EVERHOME MORTGAGE COMPANY, a Florida Corporation and EMC MORTGAGE CORPORATION, a Texas Corporation Defendants.

Case No. C07-06021 JF NOTICE OF SETTLEMENT AND STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN HOWARD
MULLINS AND EMC MORTGAGE CORPORATION, SUBJECT TO ------------------- ORDER [PROPOSED]

SETTLEMENT AGREEMENT;

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Plaintiff Howard Mullins and Defendant EMC Mortgage Corporation have reached a settlement in this matter. Therefore, Mr. Mullins and EMC Mortgage Corporation hereby apply for and stipulate to issuance of an order dismissing this action with prejudice as to Defendant EMC Mortgage Corporation, subject to the terms of the settlement agreement executed by these parties.

IT IS SO STIPULATED. Dated: January 8, 2009 FAIR HOUSING LAW PROJECT

/s/_____________________________ Annette D. Kirkham Attorneys for Plaintiff

Dated: January 8, 2009

SEVERSON & WERSON _/s/__________________________________ Regina J. McClendon Attorneys for Defendant EMC MORTGAGE CORPORATION

ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Annette D. Kirkham, attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on January 8, 2009, at San Jose, California. ______/s/____________________ Annette D. Kirkham

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NOTICE OF SETTLEMENT AND STIPULATION FOR DISMISSAL C07-06021 JF

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[PROPOSED] ORDER Based upon the foregoing application and stipulation and good cause appearing, it is hereby ordered that this action is dismissed with prejudice as to Defendant EMC Mortgage Corporation subject to the terms of the settlement agreement executed by Howard Mullins and EMC Mortgage Corporation.

Dated: 1/14/09

_______________________________________ United States District Judge Jeremy Fogel

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NOTICE OF SETTLEMENT AND STIPULATION FOR DISMISSAL C07-06021 JF