Bingham v. Ocwen Loan Servicing, LLC et al

Filing 50

STIPULATION AND ORDER re 49 Dismissal of Entire Action with Prejudice. Court retains jurisdiction to enforce settlement. The clerk shall close the file. Signed by Magistrate Judge Howard R. Lloyd on 9/3/2014. (hrllc2, COURT STAFF) (Filed on 9/3/2014)

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WRIGHT, FINLAY & ZAK, LLP
T. Robert Finlay, Esq., SBN 167280
Nicole S. Dunn, Esq., SBN 213550
4665 MacArthur Court, Suite 200
Newport Beach, CA 92660
Telephone: [phone]; Facsimile: [phone]
[e-mail]

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Attorneys for Defendant, OCWEN LOAN SERVICING, LLC
THE ALBERTS FIRM
Jeremy J. Alberts (SBN 273290)
Batkhand Zoljargal, Esq. (SBN 262918)
1600 N. Broadway, Suite 1010
Santa Ana, CA 92706-3927
Phone: [phone]
Fax: [phone]

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Attorney for Plaintiff, MARK BINGHAM

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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MARK BINGHAM,

Case No. 5:13-CV-04040-LHK MED

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Plaintiff,
VS.

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STIPULATION FOR DISMISSAL
OF THE ENTIRE ACTION WITH
PREJUDICE

OCWEN LOAN SERVICING, LLC, a
Delaware Limited Liability Company;
TD SERVICE FINANCIAL
CORPORATION, a California
Corporation; and DOES 1 through 100,
inclusive,

AND ORDER THEREON

[FRCP, Rule 41(a)(1)(A)(ii)1

Defendants.

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-1STIPULATION FOR DISMISSAL OF THE ENTIRE ACTION WITH PREJUDICE

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Defendant, OCWEN LOAN SERVICING, LLC ("Ocwen"), by and through its
attorneys of record, and Plaintiff MARK BINGHAM ("Plaintiff') hereby stipulate
and agree as follows:
1.Pursuant to Federal Rules of Civil Procedure, Rule 41(a)(1)(A)(ii), Plaintiff

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and Ocwen hereby stipulate that the above-captioned action shall be and is

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immediately dismissed in its entirety and with prejudice; and
2. Plaintiff and Ocwen further stipulate that the Court for the above-captioned

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action shall retain jurisdiction to enforce, if necessary, the Parties performance under

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the express terms of the Settlement and Release Agreement entered into by and

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between Plaintiff and Ocwen, which Release Agreement gave rise to this Stipulation

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for Dismissal (hereinafter the "Release Agreement")

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IT IS SO STIPULATED.

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Respectfully submitted,

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e

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Dated: _July

WRI
-7„.„-, 2014

By:

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& ZAK, LLP
Pfr "
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T. Robert Finlay, Esq.
Nicole S. Dunn, Esq.
Attorneys for Defendant, Ocwen Loan
Servicing, LLC

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THE ALBERTS FIRM

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Dated:

ri47 /
,2014

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J
y J. Albe s, Esq.
Batkhand Zoljargal, Esq.
Attorneys for Plaintiff; Mark Bingham

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By:

ORDER
Pursuant to the parties' stipulated request, the court will retain jurisdiction to enforce
the terms of their settlement. The clerk shall close the file.
Dated: September 3, 2014

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Howard R. Lloyd