Dey v. Experian Information Solutions, Inc. et al

Filing 56

ORDER granting 55 Stipulation of Dismissal with prejudice; Signed by Judge Richard F. Boulware, II on 12/11/2019. (Copies have been distributed pursuant to the NEF - JM)

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ANDREW A. BAO, ESQ.
Nevada Bar No. 10508
WOLFE & WYMAN LLP
6757 Spencer Street
Las Vegas, NV 89119
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorneys for Defendant
DITECH FINANCIAL LLC

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ROBERT D. DEY and KATHLEEN C. DEY,

CASE NO.: 2:18-cv-00502-RFB-CWH
(Consolidated with 2:18-cv-0503-APG-NJK)

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Plaintiff,
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v.
EXPERIAN INFORMATION SOLUTIONS, INC.;
DITECH FINANCIAL, LLC; and TRANS UNION
LLC,

STIPULATION AND ORDER FOR
DISMISSAL OF ACTION WITH
PREJUDICE AS TO DEFENDANT
DITECH FINANCIAL LLC

Defendants.

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TO THE HONORABLE COURT AND TO ALL PARTIES OF RECORD:

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IT IS HEREBY STIPULATED by and between Plaintiffs ROBERT D. DEY and
KATHLEEN C. DEY and Defendant, DITECH FINANCIAL, LLC, by and through their
undersigned counsel of record herein, as follows:

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1.

this present matter a Notice of Bankruptcy to inform the Court and the parties of Ditech’s bankruptcy
cases and the automatic stay imposed by section 362 of the Bankruptcy Code. On March 5, 2019, an
Amended Notice of Bankruptcy was also filed.

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On February 25, 2019, Defendant DITECH FINANCIAL, LLC caused to be filed in

2.

On September 26, 2019, the Bankruptcy Court entered the Order Confirming Third

Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its Affiliated Debtors approving
the terms of the Third Amended Joint Chapter 11 Plan of Ditech Holding Corporation and Its
Affiliated Debtors.

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3.

The Plan contains a permanent injunction that specifically prohibits parties from,
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among other things, taking actions inconsistent with the Plan, including, as relevant here, forever

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prosecuting any action against Ditech for monetary recovery on account of any claim arising prior to

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the closing of the transactions under the Plan—September 30, 2019.
4.

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Therefore, the above-captioned action including all claims and all causes of action

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therein be and hereby is dismissed with prejudice as to Defendant, DITECH FINANCIAL, LLC

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pursuant to Federal Rules of Civil Procedure, Rule 41.

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IT IS SO STIPULATED
DATED: December 10, 2019

KNEPPER & CLARK, LLC

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By: /s/Miles N. Clark
MATTHEW I. KNEPPER, ESQ.
MILES N. CLARK, ESQ.
5510 S. Fort Apache Rd, Suite 30
Las Vegas, Nevada 89148Attorneys
Plaintiffs

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DATED: December 10, 2019

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WOLFE & WYMAN LLP

By: /s/Andrew A. Bao
ANDREW A. BAO, ESQ.
Nevada Bar No. 10508
6757 Spencer Street
Las Vegas, Nevada 89119
Attorneys for Defendant
DITECH FINANCIAL LLC

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for

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ORDER

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For good cause, the Court hereby grants the parties’ stipulation to dismiss Defendant DITECH

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FINANCIAL LLC with prejudice from Plaintiffs’ Complaint. Each party shall bear their own fees

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and costs.
IT IS SO ORDERED.

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December
11th
DATED this ______ day of _____________, 2019.

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________________________________
RICHARD F. BOULWARE, II
______________________________
DISTRICT COURT JUDGE
UNITED STATES DISTRICT JUDGE

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DATED this

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3512429.1

CERTIFICATE OF MAILING

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On December 10, 2019, I served the foregoing STIPULATION AND ORDER FOR

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DISMISSAL OF ACTION WITH PREJUDICE AS TO DEFENDANT DITECH

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FINANCIAL LLC, by the following means to the persons as listed below:


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EFC System (you must attach the “Notice of Electronic Filing,” or list all

persons and addresses and attach additional paper if necessary):


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a.

b.

United States Mail, postage fully pre-paid (List persons and addresses.

Attach additional paper if necessary):
Matthew I. Knepper
[e-mail]
Miles N. Clark
[e-mail]
Knepper & Clark, LLC
5510 S. Fort Apache Rd, Suite 30
Las Vegas, Nevada 89148
Telephone: [phone]
Fax: [phone]
And
David H. Krieger
[e-mail]
Haines & Krieger, LLC
8985 S. Eastern Ave., Suite 350
Henderson, NV 89123
[phone]
[phone] Fax
Counsel for Plaintiffs

Jennifer L. Braster
[e-mail]
Andrew J. Sharples
[e-mail]
Naylor and Braster
1050 Indigo Dr., Suite 200
Las Vegas, NV 89145
[phone]
[phone] Fax
Counsel for Experian Information
Solutions, Inc.

Jason G. Revzin
[e-mail]
Lewis Brisbois Bisgaard & Smith LLP
6385 S. Rainbow Blvd., Suite 600
Las Vegas, NV 89118
[phone]
[phone] Fax
Counsel for Trans Union LLC

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/s/ Jamie Soquena
Jamie Soquena
An employee of Wolfe & Wyman LLP

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