Armstrong et al v. Chevy Chase Bank, FSB et al

Filing 65

STIPULATION AND ORDER GRANTING DISMISSAL WITHOUT PREJUDICE re 64 STIPULATION WITH PROPOSED ORDER Request for Dismissal without Prejudice filed by Cindy Ikeoka, D. Stewart Armstrong. The Clerk shall close this file. ***ALL Deadlines termi nated. Motions terminated: 64 STIPULATION WITH PROPOSED ORDER Request for Dismissal without Prejudice filed by Cindy Ikeoka, D. Stewart Armstrong, 62 MOTION to Set Aside Default filed by US Bank, N.A. Signed by Judge Edward J. Davila on 1/3/2013. (ecg, COURT STAFF) (Filed on 1/3/2013)

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1 2 3 4 5 Jason W. Estavillo (Bar No. 188093) LAW OFFICE OF JASON ESTAVILLO 1330 Broadway, Suite 933 Oakland, CA 94612 Telephone: (510) 982-3001 Facsimile: (510) 982-3002 Attorney for D. Stewart Armstrong And Cindy Ikeoka 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 11 12 13 D. STEWART ARMSTRONG, et al., Plaintiff, vs. CHEVY CHASE BANK, FSB., et al., Defendants 14 15 16 ) ) ) ) ) ) ) ) ) ) Case No.: 5:11-cv-05664 EJD STIPULATED REQUEST FOR DISMISSAL WITHOUT PREJUDICE AND [PROPOSED] XXXXXXXX ORDER 17 18 19 20 21 22 23 24 25 26 27 28 -1Armstrong v. Chevy Chase Bank, FSB, et al. Stipulated Request For Dismissal And [Proposed] Order 1 2 STIPULATED REQUEST FOR DISMISSAL WITH PREJUDICE Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, plaintiffs D. 3 Stewart Armstrong and Cindy Ikeoka, and defendant U.S. Bank, N.A., by and through their 4 attorneys, respectfully request that the above-captioned matter be dismissed without prejudice. 5 Each party shall bear its own fees and costs. 6 7 IT IS SO STIPULATED: 8 DATED: January 2, 2013 LAW OFFICE OF JASON W. ESTAVILLO 9 By: /s/ Jason W. Estavillo Jason W. Estavillo 10 Attorney for Plaintiffs D. STEWART ARMSTRONG and CINDY IKEOKA 11 12 13 14 DATED: January 2, 2013 SEVERSON & WERSON, P.C. By: 15 /s/ Michael G. Cross Michael G. Cross 16 Attorneys for Defendant CAPITAL ONE, N.A., CHEVY CHASE BANK, FSB, and U.S. BANK, N.A. 17 18 19 XXXXXXXX [PROPOSED] ORDER 20 21 22 23 24 25 26 Pursuant to Rule 41(a)(1)(A)(ii) of Federal Rules of Civil Procedure and the joint stipulation of all parties who have appeared, this action is hereby dismissed. Each party shall bear its own fees and costs. IT IS SO ORDERED. All pending motions, deadlines, and hearings are TERMINATED. The Clerk shall close this file. 1/3 DATED: _______________, 2013 Judge Edward J. Davila 27 28 -2Armstrong v. Chevy Chase Bank, FSB, et al. Stipulated Request For Dismissal And [Proposed] Order

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