Bernardi et al v. Deutsche Bank National Trust Company Americas As Trustee et al

Filing 43

STIPULATION AND ORDER 42 to Dismiss Entire Action With Prejudice. ***Civil Case Terminated. Signed by Judge Ronald M. Whyte on 2/25/14. (jgS, COURT STAFF) (Filed on 2/25/2014)

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BERGMAN & GUTIERREZ LLP
PENELOPE P. BERGMAN, ESQ., SBN 220452
[e-mail]
DEBORAH P. GUTIERREZ, ESQ., SBN 240383
[e-mail]
AMANDA L. GRAY, ESQ., SBN 244644
[e-mail]
6100 Center Drive, Suite 1050
Los Angeles, California 90045
(T): [phone]; (F): [phone]

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Attorneys for Plaintiff,
Smitesh Mahendra Parmar

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONNA BERNARDI, an individual, and
SMITESH MAHENDRA PARMAR, an
individual,

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vs.

Hon. Ronald M. Whyte
Crtrm: 6

Plaintiffs,

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Case No. CV11-5453 RMW

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STIPULATION TO DISMISS
ENTIRE ACTION WITH
PREJUDICE

DEUTSCHE BANK NATIONAL
TRUST COMPANY AMERICAS AS
TRUSTEE FOR RESIDENTIAL
ACCREDIT LOANS, INC.
MORTGAGE ASSET-BACKED PASSTHROUGH CERTIFICATES, SERIES
2005-Q03 TRUST; AURORA LOAN
SERVICES, LLC; AURORA BANK
FSB; and Does 1 – 10, inclusive,

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Defendants.

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-1STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE

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IT IS HEREBY STIPULATED by Plaintiff Smitesh Parmar (“Plaintiff”) and

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Defendants Deutsche Bank National Trust Company Americas As Trustee For

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Residential Accredit Loans, Inc. Mortgage Asset-Backed Pass-Through Certificates,

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Series 2005-Q03 Trust; Aurora Loan Services, LLC; and Aurora Bank FSB (collectively

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“Defendants”), by and through their undersigned counsel, that this action in its entirety

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is dismissed with prejudice as to all Defendants pursuant to Federal Rule of Civil

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Procedure 41(a)(1)(A)(ii).

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Plaintiff and Defendants agree that each party shall bear their own costs and
attorneys’ fees incurred in this action.

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Dated:

October 18, 2013

BERGMAN & GUTIERREZ LLP

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By:

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/s/ Amanda L. Gray
Penelope P. Bergman
Deborah P. Gutierrez
Amanda L. Gray
Attorneys for Plaintiff,
Smitesh Mahendra Parmar

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Dated:

October 17, 2013

McGINNIS WUTSCHER LLP

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By:

/s/ Deborah Gershon*
Deborah Gershon
Philip H. Franklin
Attorneys for Defendants,
Deutsche Bank National Trust Company
Americas, as Trustee; Aurora Loan
Services, LLC; and Aurora Bank, FSB
*approved for e-filing via email on October
17, 2013

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-2STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE

Certificate of Service
I, Amanda L. Gray, attorney of record in this matter, hereby certify that on October 18,
2013, in accordance with the registered case participants and in accordance with the procedures
set forth at the United States District Court, Northern District of California, service of a true and
correct copy of this document was accomplished pursuant to ECF electronic delivery.

By:

-1CERTIFICATE OF SERVICE

/s/ Amanda L. Gray
Amanda L. Gray

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DONNA BERNARDI, an individual, and
SMITESH MAHENDRA PARMAR, an
individual,

CASE NUMBER: CV11-5453 RMW

Plaintiffs,
vs.
DEUTSCHE BANK NATIONAL TRUST
COMPANY AMERICAS AS TRUSTEE
FOR RESIDENTIAL ACCREDIT LOANS,
INC. MORTGAGE ASSET-BACKED
PASS-THROUGH CERTIFICATES,
SERIES 2005-Q03 TRUST; AURORA
LOAN SERVICES, LLC; AURORA BANK
FSB; and Does 1 – 10, inclusive,

ORDER RE: STIPULATION TO
DISMISS ENTIRE ACTION WITH
PREJUDICE

Defendants.
The Court, having considered the parties Stipulation to Dismiss the Entire Action With
Prejudice hereby:
ORDERS the Request is:
 GRANTED.
 DENIED.

Dated:
United States District Judge/Magistrate Judge

ORDER RE: STIPULATION TO DISMISS ENTIRE ACTION WITH PREJUDICE

Certificate of Service
I, Amanda L. Gray, attorney of record in this matter, hereby certify that on October 18,
2013, in accordance with the registered case participants and in accordance with the procedures
set forth at the United States District Court, Northern District of California, service of a true and
correct copy of this document was accomplished pursuant to ECF electronic delivery.

By:

-1CERTIFICATE OF SERVICE

/s/ Amanda L. Gray
Amanda L. Gray