Krienke v. BAC Home Loans Servicing, LP et al
Filing
8
ORDER OF DISMISSAL. The Notice of Dismissal of Petition To Set Aside Foreclosure Sale, Cancel Note and Deed of Trust, Claim in Recoupment, Money Damages and Quiet Title Against All Known Defendants 7 filed 12/17/2009, is APPROVED. Defendant BAC Home Loans Servicing, LPs Motion To DismissPlaintiffs Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) 5 filed 12/18/2009, is DENIED AS MOOT. This action is DISMISSED WITHOUT PREJUDICE. By Judge Robert E. Blackburn on 02/09/2010. (sah, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 09-cv-02917-REB-BNB SANDRA K. KRIENKE, v. Plaintiff,
BAC HOME LOANS SERVICING, LP subsidiary of BANK OF AMERICA CORPORATION/COUNTRYWIDE HOME LOANS SERVICING, LP; CASTLE MEINHOLD & STAWIARSKI, LLC, SUCCESSOR AND ASSIGNS; SUZIE VELASQUEZ, PUBLIC TRUSTEE for WELD COUNTY as Trustee; TIMOTHY F. GEITHNER, SECRETARY OF THE TREASURY, UNITED STATES; and ERIC H. HOLDER, U.S. ATTORNEY GENERAL, as ALIEN PROPERTY CUSTODIAN; Defendants. ORDER OF DISMISSAL Blackburn, J. This matter comes before the Court on the plaintiff's Notice of Dismissal of Petition To Set Aside Foreclosure Sale, Cancel Note and Deed of Trust, Claim in Recoupment, Money Damages and Quiet Title Against All Known Defendants [#7] filed December 17, 2009. After careful review of the notice and the file, I conclude that the notice should be approved and that this action should be dismissed without prejudice. THEREFORE, IT IS ORDERED as follows: 1. That the Notice of Dismissal of Petition To Set Aside Foreclosure Sale, Cancel Note and Deed of Trust, Claim in Recoupment, Money Damages and Quiet Title Against All Known Defendants [#7] filed December 17, 2009, is APPROVED; 2. That defendant BAC Home Loans Servicing, LP's Motion To Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) [#5] filed December 18, 2009, is DENIED AS MOOT; and
3. That this action is DISMISSED WITHOUT PREJUDICE. Dated February 9, 2010, at Denver, Colorado. BY THE COURT:
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