McGee v. CitiMortgage, Inc. et al

Filing 111

ORDER re #110 Request for Clarification of Court Order Closing Case. IT IS CONFIRMED that Defendant CitiMortgage, Inc. has been dismissed from this action with prejudice. Signed by Judge James C. Mahan on 9/24/15. (Copies have been distributed pursuant to the NEF - TR)

Case 2:12-cv-02025-JCM-PAL Document 108 Filed 09/22/15 Page 1 of 5
110

1
2
3
4

Andrew A. Bao, Esq.
Nevada State Bar No. 10508
[e-mail]
WOLFE & WYMAN LLP
980 Kelly Johnson Drive, Suite 140
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]

5
6

Attorneys for Defendant
CITIMORTGAGE, INC.

7
8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11

FRANCINE A. McGEE,
Plaintiff,

12
v.
13
14
15
16

CITI MORTGAGE, NATIONSTAR
MORTGAGE, LLC, THE COREY GEIB TEAM,
DOING BUSINESS AS RE/MAX BENCHMARK
REALTY, INC., CAL-WESTERN
RECONVEYANCE CORPORATION, FEDERAL
NATIONAL MORTGAGE ASSOCIATION,
DOES I-X, and ROES CORPORATIONS I-X,

Case No. 2:12-cv-02025 JCM PAL
REQUEST FOR CLARIFICATION OF
COURT ORDER CLOSING CASE AND
[PROPOSED] ORDER

17
Defendants.
18
19
20
21

Plaintiff FRANCINE MCGEE (“Plaintiff”) and Defendant CITIMORTGAGE, INC., by and

22

through their respective attorneys of record (collectively, the “Parties”), previously appeared before

23

the Court for a bench trial on January 26, 2015. The parties entered into a settlement agreement

24

thereafter and Plaintiff agreed to dismiss the action with prejudice against Defendant CitiMortgage,

25

Inc.
As of July 30, 2015, the Parties have performed their obligations except for a dismissal of

26
27

this action with prejudice. Thereafter, Defendant CitiMortgage, Inc.’s counsel requested Plaintiff’s

28

counsel agree to file a stipulation of dismissal with prejudice to confirm the dismissal of the action.
1
REQUEST FOR CLARIFICATION AND ORDER - CASE #2:12-CV-02025 JCM PAL
2077795.1

Case 2:12-cv-02025-JCM-PAL Document 108 Filed 09/22/15 Page 2 of 5
110

1

Plaintiff’s counsel has not agreed to do so, instead pointing to the Court’s April 20, 2015 order

2

closing this matter.
Thus, CitiMortgage, Inc. is only seeking Court clarification that this action has been

3
4

dismissed with prejudice pursuant to the terms of the Parties’ settlement agreement. Plaintiff’s

5

counsel has been served with this request.

6
7

DATED: September 22, 2015

WOLFE & WYMAN LLP

8
By: /s/ Andrew A. Bao SBN 10508
ANDREW A. BAO
Attorneys for Defendant
CITIMORTGAGE, INC.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
REQUEST FOR CLARIFICATION AND ORDER - CASE #2:12-CV-02025 JCM PAL
2077795.1

Case 2:12-cv-02025-JCM-PAL Document 108 Filed 09/22/15 Page 3 of 5
110

1

ORDER

2
3

Good cause appearing therefore, IT IS CONFIRMED that Defendant CitiMortgage, Inc. has
been dismissed from this action with prejudice.

4

IT IS SO ORDERED.

5
6

DATED: September 24, 2015

By:
UNITED STATES DISTRICT COURT JUDGE

7
8
9
10

Submitted by:
WOLFE & WYMAN LLP

11
12
13
14

By: /s/ Andrew A. Bao SBN 10508
ANDREW BAO, ESQ.
Nevada Bar No. 10508
980 Kelly Johnson Drive, Suite 140
Las Vegas, NV 89119
Attorneys for Defendant CitiMortgage, Inc.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
REQUEST FOR CLARIFICATION AND ORDER - CASE #2:12-CV-02025 JCM PAL
2077795.1

Case 2:12-cv-02025-JCM-PAL Document 108 Filed 09/22/15 Page 4 of 5
110

1

PROOF OF SERVICE

2

STATE OF CALIFORNIA

3

COUNTY OF CONTRA COSTA

4

I, Lisa White, declare: I am employed in the County of Contra Costa, State of California. I am over the age
of 18 and not a party to the within action. My business address is 2175 N. California Blvd., Suite 645,
Walnut Creek, California 94596-3502.

5
6

)
)
)

ss.

7

On the date shown below, I served the document(s) described as REQUEST FOR CLARIFICATION OF
COURT ORDER CLOSING CASE AND [PROPOSED] ORDER on all interested parties in said action
by placing a true copy thereof in a sealed envelope addressed as stated on the ATTACHED SERVICE LIST.

8

D

BY MAIL: as follows:
D
STATE - I am "readily familiar" with Wolfe & Wyman LLP's practice of collection and
processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal
Service on that same day with postage thereon fully prepaid at Walnut Creek, California, in the
ordinary course of business. I am aware that on motion of party served, service is presumed invalid if
postal cancellation date or postage meter date is more than one (I) day after date of deposit for mailing
in affidavit.
FEDERAL - I deposited such envelope in the U.S. Mail at Walnut Creek, California, with
D
postage thereon fully prepaid.

D

BY PERSONAL SERVICE as follows: I caused a copy of such document(s) to be delivered by hand
to the offices of the addressee between the hours of9:00 A.M. and 5:00P.M .

D

BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by
overnight courier service to the offices of the addressee. The envelope was deposited in or with a
facility regularly maintained by the overnight courier service with delivery fees paid or provided for.

D

BY FACSIMILE as follows: I caused such documents to be transmitted to the telephone number of
the addressee listed on the attached service list, by use of facsimile machine telephone number. The
facsimile machine used complied with California Rules of Court, Rule 2004 and no error was reported
by the machine. Pursuant to California Rules of Court, Rule 2006(d), a transmission record of the
transmission was printed.

ll!l

BY ELECTRONIC MAIL as follows: I hereby certifY that I electronically transmitted the attached
document(s) to the U.S. District Court using the CMIECF System for filing, service and transmittal
pursuant to the Notice of Electronic Filing to the CM/ECF registrants for this case.

ll!l

STATE
I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.

ll!l

FEDERAL
I declare that I am employed in the offices of a member of the State Bar of this Court
at whose direction the service was made.

9
03

_J~

...J.

10

<
z.

11

I:.:

12

:;:~

13

•
w.

14

<(~

>-~

c/6u
u.~
_Jz

0~

~s

f)

15
16
17
18
19
20
21
22
23
24
25
26
27
28

1555504.1

Executed on September

1/Jt,.2015, at Walnut Creek, ~ &J0J
LISAWHITE

it

Case 2:12-cv-02025-JCM-PAL Document 108 Filed 09/22/15 Page 5 of 5
110

1
2
3

SERVICE LIST
U.S. District Court, District of Nevada- Case No. 2:12-cv-02025 JCM PAL
Francine A. McGee v. CitiMortgage, Inc., et al.
W&W File No. 1133-1060
[Revised: 08/11/15]

4
5
6
7
8
9
03
...J~

...J,

10

•
z.

11

I:.:

12

~~
&!!"
•
W•

13

<~

>-~

LL~

14

_Jz

0~

~~

f)

15
16
17

18
19
20
21
22
23
24
25
26
27
28

!555504.1

S. Don Bennion, Esq.
Law Office of S. Don Bennion
10801 West Charleston Blvd., Suite 170,
Las Vegas, NV 89135

Counsel for Plaintiff
FRANCINE A. McGEE
Tel: [phone]
Fax: [phone]
Email: [e-mail]