Montoya et al v. Countrywide Bank, F.S.B. et al

Filing 63

ORDER GRANTING 61 Notice of Voluntary Dismissal. The Clerk shall close this file. Finding as Moot 57 MOTION to Dismiss. Motions terminated: 57 MOTION to Dismiss Second Amended Complaint and Strike Allegations. Signed by Judge James Ware on 10/15/2009. (ecg, COURT STAFF) (Filed on 10/15/2009)

2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

UNIT ED

S

1

UNITED STATES DISTRICT COURTI D

ER

N

F S T RICT O

NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION ROGELIO MONTOYA, ALICIA MONTOYA, Case No.: CV09-0641 JW as individuals, Plaintiff, vs. COUNTRYWIDE BANK, FSB, a United States Bank, COUNTRYWIDE FINANCIAL CORPORATION, a Delaware Corporation, COUNTRYWIDE HOME LOANS, INC., a New York Corporation, COUNTRYWIDE HOME LOANS SERVICING, L.P., a Texas Limited Partnership, BANK OF AMERICA CORPORATION, a Delaware Corporation, MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC., a Delaware Corporation, RECONTRUST COMPANY, as trustee, and DOES 1 through 50, inclusive, Defendants NOTICE OF VOLUNTARY DISMISSAL Judge: Honorable James Ware

Complaint Filed: January 2, 2009 Trial Date:

-1NOTICE OF VOLUNTARY DISMISSAL

A

C

LI

FO

Attorney for Plaintiffs Rogelio Montoya and Alicia Montoya

mes Wa Judge Ja

re

R NIA

LAWRENCE P. RAMIREZ, (State Bar No. 141550) THE LITIGATION LAW GROUP 111 North Market Street, Suite 1010 San Jose, CA 95113 Telephone: [phone] Facsimile: [phone]

S DISTRICT TE C TA

DERED SO OR ED IT IS DIFI AS MO

RT U O

NO

RT

H

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA AND DEFENDANTS AND THEIR ATTORNEYS OF RECORD:

Pursuant to Fed. R. Civ. P. 41(a)(1)(i), Plaintiffs ROGELIO MONTOYA and ALICIA MONTOYA, by and through their attorneys, voluntarily dismiss the above captioned action without prejudice, each party to bear its own fees and costs.

Dated this September 15, 2009 Respectfully Submitted,

/s/ Lawrence P. Ramirez

*** ORDER *** In light of this dismissal, Defendant's Motion to Dismiss (Docket Item No. 57) is DENIED as moot. The Clerk shall close this file.

Dated: October 15, 2009

___________________________ JAMES WARE United States District Court

-2NOTICE OF VOLUNTARY DISMISSAL