Busch et al v. CitiMortgage, Inc. et al

Filing 83

STIPULATION AND ORDER GRANTING DISMISSAL of all claims in this action against defendants Litton Loan Servicing LP and MTGLQ Investors, LP are dismissed without prejudice re 81 Stipulation filed by Karen Busch, Larry Busch. Litton Loan Servicing LP and MTGLQ Investors, LP terminated., Motions terminated: 66 MOTION to Dismiss Notice of Motion and Motion to Dismiss of Defendants Litton Loan Servicing LP and MTGLQ Investors L.P. in Response to the First Amended Complaint of Plaintiffs Larry Busch and Karen Busch; Memorandum of Points and Authorities in S filed by MTGLQ Investors, LP, Litton Loan Servicing LP. Signed by Judge Edward J. Davila on 11/9/2011. (ecg, COURT STAFF) (Filed on 11/9/2011)

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NATHAN BENJAMIN, SB No. 197859
[e-mail]
CALEB SEQUOIA BASKIN, SB No. 226132
[e-mail]
BASKIN & GRANT, LLP
331 SOQUEL AVENUE, SUITE 100
SANTA CRUZ, CALIFORNIA 95062
Tel: [phone]
Fax: [phone]
THE LAW OFFICE OF SIMMONS & PURDY
PAMELA D. SIMMONS, SBN 160523
[e-mail]
2425 PORTER STREET, SUITE 10
SOQUEL, CALIFORNIA, 95073-2454
Tel: [phone]
Fax: [phone]
Attorneys for Larry Busch and Karen Busch,
Plaintiffs

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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15 LARRY BUSCH, KAREN BUSCH,

Case No.: 5:11-CV11-03192 EJD

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STIPULATION REGARDING
DISMISSAL OF DEFENDANTS
LITTON LOAN SERVICING LP AND
MTGLQ INVESTORS, LP

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Plaintiffs,
vs.

18 CITIMORTGAGE, INC., AMERICAN HOME
MORTGAGE SERVICING, INC., LITTON
19 LOAN SERVICING, L.P., MTGLQ INVESTORS,
L.P., DOES 1 through 50, all persons unknown,
20 claiming any legal or equitable right, title, estate,
lien, or interest in the real property described in the
21 complaint adverse to Plaintiff's title or any cloud
on Plaintiff's title thereto,
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Defendants.
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Plaintiffs Larry Busch and Karen Bush and defendants Litton Loan Servicing LP (“Litton”)
and MTGLQ Investors, LP (“MTGLQ”), through their respective counsel, stipulate as follows:

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RECITALS
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Plaintiffs obtained a loan secured by real property at 587 Twin Pines Drive, Scotts

Valley, California (“Property”) in April 2007 (“Loan”). Plaintiff’s lender was Residential
STIPULATION REGARDING DISMISSAL
Case No.: 5:11-CV11- 03192 EJD

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Mortgage Capital. A deed of trust securing the Loan was recorded in the Official Records of Santa

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Cruz County on April 19, 2007.

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2.

servicing rights from Citimortgage, Inc.

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Effective October 30, 2010, Litton began servicing the Loan. Litton acquired the

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Effective December 1, 2010, Litton transferred the servicing of the loan to

American Home Mortgage Servicing, Inc.

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4.

Effective October 25, 2010, the Deed of Trust securing the Loan was assigned to

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MTGLQ. An Assignment of Deed of Trust reflecting this transfer, dated October 25, 2010, was

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recorded in the Official Records of Santa Cruz County on November 10, 2010.

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5.

Effective November 12, 2010, MTGLQ assigned the Deed of Trust securing the

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Loan to Resi Whole Loan IV, LLC. An Assignment of Deed of Trust reflecting this transfer, dated

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November 12, 2010, was recorded in the Official Records of Santa Cruz County on March 30,

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2011.

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6.

Litton and MTGLQ filed a Motion to Dismiss, and by Stipulation Ordered on

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October 17, 2011, the Court set the matter to be heard on December 2, 2011, with Opposition to be

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filed on or before November 16, 2011, and Reply to be filed on or before November 23, 2011.

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7.

The parties to this Stipulation have met and conferred and have determined that in

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the interest of economy Litton and MTGLQ should be dismissed form the case, without prejudice,

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such that the litigation can move forward among the other parties and if in the course of discovery

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Plaintiffs determine there to be a valid reason for Litton and MTGLQ to be back in the case

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Plaintiffs will be free to motion the Court to amend and re-name Litton and MTGLQ.

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8.

Plaintiffs hereby request that following entry of dismissal, without prejudice, the

case be set for Case Management at the Court's convenience.

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STIPULATION

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Based on the above Recitals, the parties agree and stipulate as follows:

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1.

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All claims in this action against defendants Litton Loan Servicing LP and MTGLQ

Investors, LP are dismissed without prejudice. Each party shall bear its costs and fees.

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-215303/0214/948451.1

STIPULATION REGARDING DISMISSAL
Case No.: 5:11-CV11093192 EJD

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2.

The Motion to Dismiss filed by Litton Loan Servicing LP and MTGLQ currently set

to be heard on December 2, 2011 shall be taken off calendar.

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IT IS SO STIPULATED.

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DATED: November 8, 2011

BASKIN & GRANT

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By:

/s/

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Nathan C. Benjamin
Nathan C. Benjamin

Attorneys for Plaintiffs LARRY BUSCH and
KAREN BUSCH

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DATED: November 8, 2011

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SEVERSON & WERSON
A Professional Corporation

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By:

/s/

Thomas N. Abbott
Thomas N. Abbott

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Attorneys for Defendants LITTON LOAN
SERVICING LP and MTGLQ INVESTORS, LP

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IT IS SO ORDERED. The Clerk shall terminated Docket Item No. 66.

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November
Dated: _________ 9, 2011

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______________________________
Honorable EDWARD J. DAVILA
United States District Judge

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END OF ORDER

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-315303/0214/948451.1

STIPULATION REGARDING DISMISSAL
Case No.: 5:11-CV11093192 EJD