Biddle et al v. U.S. Bank National Association et al

Filing 27

Order - On April 7, 2015, the Court ordered that the parties file stipulations of dismissal within forty-five days of the date of entry of the order or otherwise notify that Court that matters remained for resolution. Failure to comply with the Cou rt's order would result in dismissal of the action with prejudice. On May 28, 2015, a stipulation of dismissal was filed as to U.S. Bank National Association and Ocwen Loan Servicing; neither plaintiffs nor defendant Poore Substitute have not ified the Court that matters in controversy remain between them and a stipulation of dismissal of Poore Substitute has not been filed. The time for doing so having elapsed, the Court DISMISSES Poore Substitute Trustee WITH PREJUDICE. This case is now closed. Signed by District Judge Terrence W. Boyle on 6/22/2015. (Marsh, K)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No: 5:14-CV-307-BO

DEBRA BIDDLE and DENNIS BIDDLE
Plaintiffs,

)
)
)
v.
)
)
U.S. BANK NATIONAL ASSOCIATION, )
as trustee for the registered holders of
)
AEGISASSET BACKED SECURITIES
)
TRUST, OCWEN LOAN SERVICING,
)
LLC, and POORE SUBSTITUTE
)
TRUTSEE, LTD,
)
Defendants. )

ORDER

This cause has come before the Court following notification of settlement and failure to
file a stipulation of dismissal as to defendant Poore Substitute Trutsee. All defendants in this
matter have appeared and answered the complaint. [DE 11 & 12] The Court was notified on
March 16, 20 15, t~t the parties had settled all matters of controversy between them. 1 On April
7, 2015, the Court ordered that the parties file stipulations of dismissal within forty- five days of
the date of entry of the order or otherwise notify that Court that matters remained for resolution.
Failure to comply with the Court's order would result in dismissal of the action with prejudice.
On May 28, 2015, a stipulation of dismissal was filed as to U.S. Bank National
Association and Ocwen Loan Servicing; neither plaintiffs nor defendant Poore Substitute have
notified the Court that matters in controversy remain between them and a stipulation of dismissal
1

Poore Substitute was excused from participating in mediation as there was no affirmative relief
sought against this defendant and it was named for the sole purpose of obtaining injunctive relief.
[DE 20].

of Poore Substitute has not been filed. The time for doing so having elapsed, the Court
DISMISSES Poore Substitute Trustee WITH PREJUDICE. This case is now closed.

SO ORDERED, this n d a y of June, 2015.

2