Feimster v. Wright et al

Filing 33

STIPULATION AND ORDER of Dismissal of Plaintiff's Entire Complaint Against Carolyn Wright and Irene Wright and to Certain Claims for Relief by Plaintiff Against Bank of America, N.A. re 31 Stipulation. The Complaint filed by Plaintiff is dismissed in its entirety without prejudice as against Carolyn Wright and Irene Wright. Plaintiff's claims for relief for conversion (second claim for relief), money had and received (third claim for relief) and violation of stat utory obligations (fifth claim for relief) are dismissed with prejudice as against BofA. The sole remaining claim for relief by Plaintiff against BofA is for breach of contract. Signed by Judge Edward J. Davila on 6/8/2011. (ecg, COURT STAFF) (Filed on 6/8/2011)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 MAMIE E. FEIMSTER, etc., Case No.: 5:10-cv-03330-EJD (PSGx) 7 [PROPOSED] ORDER GRANTING PARTIES’ STIPULATION REGARDING DISMISSAL OF PLAINTIFF’S ENTIRE COMPLAINT AGAINST CAROLYN WRIGHT AND IRENE WRIGHT AND TO CERTAIN CLAIMS FOR RELIEF BY PLAINTIFF AGAINST BANK OF AMERICA, N.A. Plaintiff, 8 vs. 9 CAROLYN WRIGHT, et al., 10 Defendants. 11 12 AND RELATED ACTION. 13 14 15 Having read the Stipulation Regarding Dismissal of Plaintiff’s Entire Complaint Against 16 Carolyn Wright and Irene Wright and to Certain Claims for Relief by Plaintiff Against Bank of 17 America, N.A., and good cause appearing therefor, 18 IT IS ORDERED that the Stipulation is approved. The Complaint filed by Plaintiff is 19 dismissed in its entirety without prejudice as against Carolyn Wright and Irene Wright. Plaintiff’s 20 claims for relief for conversion (second claim for relief), money had and received (third claim for 21 relief) and violation of statutory obligations (fifth claim for relief) are dismissed with prejudice as 22 against BofA. The sole remaining claim for relief by Plaintiff against BofA is for breach of 23 contract. 24 IT IS SO ORDERED. 25 26 Dated: June 8, 2011 Hon. Edward J. Davila United States District Court Judge 27 28 11608/0721/927864.1 ORDER Case No.: 5:10-cv-03330-EJD (PSGx)

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