Nationstar Mortgage, LLC v. Powell et al

Filing 57

ORDER granting 52 Motion to Dismiss. The Clerk of Court is DIRECTED to terminate all motions and deadlines and CLOSE this case. Signed by District Judge R. Stan Baker on 2/4/20. (jrb) Modified on 2/4/2020 (jrb).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
NATIONSTAR MORTGAGE, LLC; and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, INC.,
Plaintiffs,

CIVIL ACTION NO.: 6:17-cv-84

v.
METLIFE HOME LOANS; THE UNITED
STATES; UNKNOWN HEIRS OF BERNICE
POWELL; and UNKNOWN HEIRS OF
BETTY HODGES POWELL,
Defendants.

ORDER
Before the Court is the parties’ Stipulation of Dismissal, filed on January 21, 2020, stating
that both Plaintiffs, as well as Defendants Diane Powell Morris and the United States of America
stipulate to the voluntary dismissal of this action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii). (Doc.
55.) The Stipulation is signed by the attorneys for the Plaintiffs and the United States as well as
by Ms. Morris, who is proceeding pro se. (Id.) While others have been named as Defendants in
this case, 1 Ms. Morris and the United States are the only two who have appeared in any way. 2
All parties who have appeared having signed the Stipulation, the Court, in accordance with

1 Defendant MetLife Home Loans, despite having been served, (doc. 44), has never appeared, filed an
answer, or otherwise defended itself in this action. Likewise, none of the “Unknown Heirs of Bernice
Powell” or “Unknown Heirs of Betty Hodges Powell” have ever answered or defended in this action. (See
Doc. 29.)
2 While Diane Powell Morris has never previously filed any pleadings or motions in the case, she has
attended a telephonic hearing before the Court, (see doc. 50), and she has previously signed and entered
into a proposed Consent Order with Plaintiff Nationstar which was filed but was never approved by or made
an order of the Court, (see doc. 46-1). The United States has filed an Answer in the case. (Doc. 45.)

Fed. R. Civ. P. 41(a)(1)(A)(ii), hereby DISMISSES this action without prejudice, (doc. 52). The
Clerk of Court is DIRECTED to terminate all motions and deadlines and CLOSE this case.
SO ORDERED, this 4th day of February, 2020.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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