Noble v. Fay Servicing, LLC et al

Filing 26

ORDER GRANTING STIPULATED REQUEST THAT THE CASE BE DISMISSED AGAINST BANK OF AMERICA, N.A. WITH PREJUDICE 25 . Signed by Judge Nathanael Cousins on 1/14/2015. (lmh, COURT STAFF) (Filed on 1/14/2015)

1 MCGUIREWOODS LLP
ALISON V. LIPPA [SBN #160807]
2 1800 Century Park East, 8th Floor
Los Angeles, CA 90067-1501
3 Telephone: [phone]
Facsimile: 310.315.8210
4 Email: [e-mail]
5 Attorneys for Defendant
BANK OF AMERICA, N.A.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION

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11 MICHAEL T. NOBLE; and
MOUNTAIN INVESTMENTS, LLC,
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Plaintiffs,
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vs.
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FAY SERVICING; BANK OF AMERICA,
15 N.A.; PROF-2013-S3 REMIC TRUST III; US
BANK, N.A.; MORTGAGE ELECTRONIC
16 REGISTRATION SYSTEM, INC.;
MERSCORP, INC.; and DOES 1 through 20,
17 inclusive,
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CASE NO. 5:14-cv-04671-NC
[Assigned to the Hon. Nathanael M. Cousins in
Courtroom 7]
[PROPOSED] ORDER GRANTING
STIPULATED REQUEST THAT THE
CASE BE DISMISSED AGAINST BANK
OF AMERICA, N.A. WITH PREJUDICE
[Fed. R. Civ. P. Rule 41(a)]

Defendants.

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Complaint Filed:
Trial Date:

July 11, 2014
None Set

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This matter is before the Court regarding the Joint Stipulation of Plaintiff MICHAEL T.

24 NOBLE; and MOUNTAIN INVESTMENTS, LLC (“Plaintiffs”) and Defendant BANK OF
25 AMERICA, N.A. (“BANA”) to dismiss this case with prejudice after settlement against BANA.
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Having considered the Joint Stipulation presented, it appears that good cause exists to

27 dismiss this case with prejudice against BANA.
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[PROPOSED] ORDER GRANTING STIPULATED REQUEST THAT THE CASE BE DISMISSED
AGAINST BANK OF AMERICA, N.A. WITH PREJUDICE

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THEREFORE, IT IS HEREBY ORDERED that

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The case is dismissed with prejudice after settlement against BANA only.

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Each party will bear its own attorneys’ fees and costs associated with this case.

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IT IS SO ORDERED.

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M. Cousin

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thanael
Judge Na

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NO

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THE HONORABLE NATHANAEL M. COUSINS
UNITED STATES MAGISTRATE JUDGE
ANTED

LI

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January 14, 2015
Dated: _____________________

UNIT
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[PROPOSED] ORDER GRANTING STIPULATED REQUEST THAT THE CASE BE DISMISSED
AGAINST BANK OF AMERICA, N.A. WITH PREJUDICE

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CERTIFICATE OF SERVICE

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I, Alison V. Lippa, certify that on January 14, 2015, the foregoing document entitled

4 [PROPOSED] ORDER GRANTING STIPULATED REQUEST THAT THE CASE BE
5 DISMISSED AGAINST BANK OF AMERICA, N.A. WITH PREJUDICE was filed
6 electronically in the Court's ECF; thereby upon completion the ECF system automatically
7 generated a "Notice of Electronic Filing" ("NEF") as service through CM/ECF to registered e-mail
8 addresses of parties of record in the case.
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/s/ Alison V. Lippa
Alison V. Lippa

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CERTIFICATE OF SERVICE