Cipriani v. Green Tree Servicing, LLC et al

Filing 39

ORDER Granting 38 Stipulation of Dismissal with prejudice against Defendants Ditech Financial LLC and Federal National Mortgage Association. Signed by Judge Richard F. Boulware, II on 7/15/16. (Copies have been distributed pursuant to the NEF - JM)

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Andrew A. Bao, Esq.
Nevada State Bar No. 10508
[e-mail]
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, Nevada 89119
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
GREEN TREE SERVICING LLC and
FEDERAL NATIONAL MORTGAGE ASSOCIATION

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ARLENE CIPRIANI,

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Case No. 2:14-cv-00612 RFB CWH
STIPULATION AND ORDER OF

Plaintiff,
v.

DISMISSAL

GREEN TREE SERVICING, LLC; FEDERAL
NATIONAL MORTGAGE ASSOCIATION;
DOES 1 though 10, inclusive; and ROE
CORPORATIONS 1 through 10, inclusive,
Defendants.

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IT IS HEREBY STIPULATED by and between the Plaintiff, ARLENE CIPRIANI,

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(“Plaintiff”) and Defendants DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC

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and FEDERAL NATIONAL MORTGAGE ASSOCIATION (collectively, “Defendants”)

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(collectively “Parties”), by and through the undersigned counsel, as to the following:

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RECITALS
WHEREAS, the Parties have executed a loan modification agreement, a copy of which is

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attached hereto as Exhibit A;

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WHEREAS, the Parties agree that the execution and performance of Exhibit A fully resolves
all of Plaintiff’s claims against Defendants in this action.
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STIPULATION AND ORDER OF DISMISSAL
2482939.1

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STIPULATION
IT IS HEREBY STIPULATED that this action be fully dismissed with prejudice against

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Defendants DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC and

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FEDERAL NATIONAL MORTGAGE ASSOCIATION.
IT IS SO STIPULATED.

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DATED: July 13, 2016.

DATED July 13, 2016.

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WOLFE & WYMAN LLP

LEGAL AID CENTER
NEVADA, INC.

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/s/ Andrew A. Bao (SBN 10508) .
Andrew A. Bao, Esq.
Nevada State Bar # 10508
6757 Spencer Street
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
Attorneys for Defendant Ditech
Financial LLC fka Green Tree
Servicing, LLC and Federal National
Mortgage Association

/s/ Debra Bookout (SBN 11765)
Debra A. Bookout, Esq.
Nevada Bar No. 11765
725 E. Charleston Blvd.
Las Vegas, Nevada 89104
Telephone: [phone]
FACSIMILE: [phone]
Attorneys for Plaintiff

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STIPULATION AND ORDER OF DISMISSAL
2482939.1

OF

SOUTHERN

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ORDER

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By stipulation of the parties and good cause appearing therefor, it is hereby ordered as

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follows:
IT IS HEREBY ORDERED that this action be fully dismissed with prejudice against

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Defendants DITECH FINANCIAL LLC FKA GREEN TREE SERVICING LLC and

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FEDERAL NATIONAL MORTGAGE ASSOCIATION.
IT IS SO ORDERED.

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July 15, 2016
DATED: __________________________

_____________________________________
RICHARD COURT JUDGE
DISTRICT F. BOULWARE, II
United States District Judge

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Submitted by:
WOLFE & WYMAN LLP

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By: /s/ Andrew A. Bao (SBN 10508)
Andrew A. Bao, Esq.
Nevada Bar No. 10508
[e-mail]
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, Nevada 89119
Attorneys for Defendants
GREEN TREE SERVICING LLC and
FEDERAL NATIONAL MORTGAGE
ASSOCIATION

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STIPULATION AND ORDER OF DISMISSAL
2482939.1

EXHIBIT “A”

PROOF OF SERVICE

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STATE OF CALIFORNIA

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COUNTY OF CONTRA COSTA

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I, Lisa White, declare that 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.

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)
)
)

ss.

On the date shown below, I served the document(s) described as STIPULATION AND [PROPOSED]
ORDER OF DISMISSAL 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.
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.
D
FEDERAL- I deposited such envelope in the U.S. Mail at Walnut Creek, California, with
postage thereon fully prepaid.
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.
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.
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 of
Notice of Electronic Filing to the CM/ECF registrants for this case. Upon completion of the electronic
transmission of said document( s), a receipt is issued to the serving party acknowledging receipt by
ECF's system, which will be maintained with the original document(s) in our office.
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.
STATE
I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
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.
Executed on July

Jb_, 2016, at Walnut Creek, Califo~UJ~
LISA WHITE

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PROOF OF SERVICE
1680700.1

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SERVICE LIST
Arlene Cipriani v. Green Tree Servicing, LLC, et al.
U.S.D.C., District of Nevada (Las Vegas), Case No. 2:14-cv-00612 RFB CWH
W&W File No. 1556-018
[Revised: 5/18/2016]

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Venicia G. Considine, Esq.
Debra Bookout, Esq.
LEGAL AID CENTER OF SOUTHERN
NEVADA, INC.
725 E. Charleston Blvd.
Las Vegas, NV 89104

Attorneys for Plaintiff
ARLENE CIPRIANI
Tel.: [phone] x 1437
Fax: [phone]
Email: [e-mail]
[e-mail]

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PROOF OF SERVICE
1680700.1