Pineda v. Hassell

Filing 24

ORDER that 4 Motion to Dismiss; 7 Motion to Strike Various Documents Filed in State Court; and 17 Motion to Strike Documents 13 and 14 ; are GRANTED. FURTHER ORDERED that the case is dismissed without prejudice. Signed by Judge Andrew P. Gordon on 4/14/14. (Copies have been distributed pursuant to the NEF - MMM) Corrected clerical errors on 4/14/2014. (ASB)

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1 2 3 4 5 6 7 ARIEL E. STERN, ESQ. Nevada Bar No. 8276 CHRISTINA S. BHIRUD Nevada Bar No. 11462 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Telephone: (702) 634-5000 Facsimile: (702) 380-8572 Email: ariel.stern@akerman.com Email: christina.bhirud@akerman.com Attorneys for Gerald Hassell, CEO of the Bank of New York Mellon AKERMAN LLP 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 LUISITO PINEDA, 12 Case No.: 2:14-cv-00346-APG-VCF Plaintiff, v. 13 14 15 16 GERALD HASSELL CEO for THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS SUCCESSOR TRUSTEE TO JP MORGAN CHASE BANK, N.A. as TRUSTEE FOR HOLDERS OF SAMI II 2006AR2., MTG PASS-THROUGH CERTIFICATES, SERIES 2006-AR2., [PROPOSED] ORDER GRANTING MOTION TO DISMISS [DKT. 4], MOTION TO STRIKE [DKT. 7], AND MOTION TO STRIKE [DKT. 17] 17 Defendants. 18 19 20 Defendant Gerald Hassell, CEO of the Bank of New York Mellon (Hassell), filed a motion 21 to dismiss [Dkt. 4] on March 12, 2014, a motion to strike [Dkt. 7] various documents filed in state 22 court on March 17, 2014, and a motion to strike [Dkt. 17] the documents filed as [Dkt. 13] and [Dkt. 23 14] on March 31, 2014. Plaintiff Luisito Pineda did not oppose any of the foregoing motions. 24 The Court heard the motions on April 10, 2014, at 1:30 p.m. Christina S. Bhirud, Esq. 25 appeared on behalf of Hassell, and plaintiff appeared in proper person (and accompanied by Ayrick 26 Talbo). {28474398;1} 1 The Court, having reviewed the motions and all related filings, having heard arguments 2 presented by counsel and plaintiff, and for good cause appearing, orders, adjudges, and decrees as 3 follows: 4 It is ORDERED, ADJUDGED, and DECREED that Gerald Hassell's motion to dismiss [Dkt. 5 4], motion to strike [Dkt. 7] various documents filed in state court, and motion to strike [Dkt. 17] the 6 documents filed as [Dkt. 13] and [Dkt. 14] ARE GRANTED; 7 AKERMAN LLP 1160 Town Center Drive, Suite 330 LAS VEGAS, NEVADA 89144 TEL.: (702) 634-5000 – FAX: (702) 380-8572 8 It is further ORDERED, ADJUDGED, and DECREED that the case is dismissed without prejudice. 9 10 IT IS SO ORDERED. 11 UNITED STATES DISTRICT COURT JUDGE 12 13 Dated: 14 15 Respectfully submitted, 16 17 18 19 20 21 22 23 /s/ Christina S. Bhirud ARIEL E. STERN, ESQ. Nevada Bar No. 8276 CHRISTINA S. BHIRUD, ESQ. Nevada Bar No. 11462 AKERMAN LLP 1160 Town Center Drive, Suite 330 Las Vegas, Nevada 89144 Attorneys for Gerald Hassell, CEO of the Bank of New York Mellon 24 25 26 {28474398;1} 2 April 14, 2014

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