Deutsche Bank National Trust Company v. Boyd et al

Filing 22

MEMORANDUM AND ORDER DISMISSING CASE without prejudice. The Court grants the motion to dismiss 21 and directs the Clerk of Court to close this case. The telephone status conference currently set for 11/18/2011 is vacated. Signed by Judge J. Phil Gilbert on 11/16/2011. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DEUTSCHE BANK NATIONAL TRUST COMPANY,
as Trustee for Argent Securities, Inc., Asset-Backed
Pass-Through Certificates, Series 2003-W5,
Plaintiff,
vs.
GARY BOYD, JACQUELINE J. BOYD, UNITED
STATES OF AMERICA, UNKNOWN OWNERS,
and NON-RECORD CLAIMANTS
Defendants.

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No. 11-cv-94-JPG-DGW

MEMORANDUM AND ORDER
This matter comes before the Court on the status report (Doc. 21) filed by plaintiff
Deutsche Bank National Trust Company as Trustee for Argent Securities, Inc., Asset-Backed
Pass-Through Certificates, Series 2003-W5, which the Court construes as a motion to dismiss
without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides
that only the Court may dismiss an action after an adverse party has filed an answer or motion
for summary judgment and in the absence of a stipulation of dismissal from all the parties. It
appears that defendants Gary and Jacqueline Boyd have entered into a permanent loan
modification pursuant to the Home Affordable Modification Program and that all outstanding
matters in this foreclosure case have been resolved. Dismissal is therefore appropriate.
Accordingly, the Court GRANTS the motion to dismiss (Doc. 21), DISMISSES this case
without prejudice and DIRECTS the Clerk of Court to close this case. The telephone status
conference currently set for November 18, 2011, is VACATED.
Dated this 16th day of November , 2011.
s/J. Phil Gilbert
Honorable J. Phil Gilbert