Howard v. First Horizon Home Loan Corporation et al

Filing 118

ORDER APPROVING 117 STIPULATION TO DISMISS WITH PREJUDICE. The Clerk of the Court shall close the case file. Signed by Hon. Beth Labson Freeman on 1/30/2015. (blflc2, COURT STAFF) (Filed on 1/30/2015)

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ELENA RIVKIN FRANZ (SBN 247387)
[e-mail]
PAMELA M. SCHUUR (SBN 130073)
[e-mail]
FRANZ LAW
Commerce Plaza
900 Lafayette Street, Suite 509
Santa Clara, CA 95050
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff
Patrick D. Howard

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FRANZ Plaza
LAW
Commerce

900 Lafayette Street, Suite 509
Santa Clara, California 95050
Telephone [phone] | Facsimile [phone]

UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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PATRICK D. HOWARD,

Case No. CV-12-05735 BLF

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Plaintiff,
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REQUEST FOR DISMISSAL WITH
PREJUDICE OF THE ENTIRE ACTION

v.
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[F.R.C.P. 41(a)(2)]
FIRST HORIZON HOME LOAN
CORPORATION; METLIFE HOME LOANS,
LLC; NATIONSTAR MORTGAGE, LLC; THE
BANK OF NEW YORK MELLON
CORPORATION; and DOES 1 through 10,

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Defendants.

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Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, Plaintiff PATRICK D.

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HOWARD, through his counsel, hereby requests dismissal with prejudice of the entire action as to

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FIRST TENNESSEE BANK NATIONAL ASSOCIATION as successor by merger to FIRST

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HORIZON HOME LOAN CORPORATION; NATIONSTAR MORTGAGE, LLC; and THE BANK

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OF NEW YORK MELLON FKA THE BANK OF NEW YORK (erroneously sued as THE BANK

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OF NEW YORK CORPORATION).

DISMISSAL WITH PREJUDICE OF THE ENTIRE ACTION

CV-12-05735 BLF

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FRANZ Plaza
LAW
Commerce

900 Lafayette Street, Suite 509
Santa Clara, California 95050
Telephone [phone] | Facsimile [phone]

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There are no cross-claims pending by or among any of the Defendants.
Plaintiff has executed a Settlement Agreement with METLIFE HOME LOANS.
Plaintiff has executed a separate Settlement Agreement FIRST TENNESSEE BANK
NATIONAL ASSOCIATION as successor by merger to FIRST HORIZON HOME LOAN
CORPORATION; NATIONSTAR MORTGAGE, LLC; and THE BANK OF NEW YORK
MELLON FKA THE BANK OF NEW YORK (erroneously sued as THE BANK OF NEW YORK
CORPORATION).
Pursuant to the executed settlement agreements, all parties have agreed to bear their own
attorneys’ fees and costs.
By their signatures below, counsel for the Defendants indicate their consent to Plaintiffs’
dismissal of the entire action with prejudice.

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DATED: January 28, 2015

FRANZ LAW

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By:

/s/ Elena Rivkin Franz
Elena Rivkin Franz
Attorney for Plaintiff
PATRICK D. HOWARD

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DATED: January 28, 2015

AKERMAN LLP

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By:
/s/ Christopher R. Fredrich
Christopher R. Fredrich
Karen P. Ciccone
Attorney for Defendant
FIRST
TENNESSEE
BANK
NATIONAL
ASSOCIATION as successor by merger to FIRST
HORIZON
HOME
LOAN
CORPORATION;
NATIONSTAR MORTGAGE, LLC; and THE BANK
OF NEW YORK MELLON FKA THE BANK OF NEW
YORK (erroneously sued as THE BANK OF NEW
YORK CORPORATION)

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DISMISSAL WITH PREJUDICE OF THE ENTIRE ACTION

CV-12-05735 BLF

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DATED: January 28, 2015

ANDERSON, MCPHARLIN & CONNERS LLP

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By:

/s/ Lisa Anne Coe
Carleton Burch, Esq.
Lisa Anne Coe, Esq.
Attorney for Defendant
METLIFE HOME LOANS, LLC, fka METLIFE HOME
LOANS, a division of METLIFE BANK, N.A.

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FRANZ Plaza
LAW
Commerce

900 Lafayette Street, Suite 509
Santa Clara, California 95050
Telephone [phone] | Facsimile [phone]

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ORDER
IT IS HEREBY ORDERED that the above-entitled matter is dismissed with prejudice.

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Dated: January 30, 2015

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________________________________
Judge Beth Labson Freeman

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DISMISSAL WITH PREJUDICE OF THE ENTIRE ACTION

CV-12-05735 BLF