Parker et al v. Bank of America, N.A.

Filing 41

ORDER granting 40 Motion for Relief from Judgment and the Memorandum of Decision and Order [Doc. 38] and Judgment [Doc. 39] entered herein on November 13, 2014, are hereby VACATED.Signed by District Judge Martin Reidinger on 12/29/14. (emw)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION CIVIL CASE NO. 1:12-cv-00234-MR-DLH MICHELE A. PARKER and RANDALL ) C. PARKER, ) ) Plaintiff, ) ) vs. ) ) BANK OF AMERICA, N.A., ) ) Defendant. ) ________________________________ ) ORDER THIS MATTER is before the Court on the Plaintiff’s Consent Motion for Relief from Judgment [Doc. 40]. In her motion, the Plaintiff states that this matter has been settled and that it is equitably in the best interest of the parties to allow relief from the Judgment. For the reasons stated in the Plaintiff’s Motion, and in light of the Defendant’s consent thereto, the Court will grant the requested relief and set aside the Judgment in this case. IT IS, THEREFORE, ORDERED that the Plaintiff’s Consent Motion [Doc. 40] is GRANTED, and the Memorandum of Decision and Order [Doc. 38] and Judgment [Doc. 39] entered herein on November 13, 2014, are hereby VACATED. IT IS FURTHER ORDERED that the parties shall have thirty (30) days from the entry of this Order within which to file a stipulation of dismissal. If no such stipulation is filed within thirty (30) days, the Court will reinstate the Order [Doc. 38] and Judgment [Doc. 39] and dismiss this action with prejudice. IT IS SO ORDERED. 2

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