Washington Mutual Bank v. Dillard et al
Filing
35
Order granting Plaintiff's Motion to Vacate Judgment, Dismiss Case and Order of Distribution to Master Commissioner (Related Doc # 34 ). Judge Christopher A. Boyko on 09/19/08.(M,M)
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Washington Mutual Bank v. Dillard et al
Doc. 35
Case 1:07-cv-02186-CAB
Document 34-2
Filed 09/18/2008
Page 1 of 1
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Washington Mutual Bank Plaintiff,
Case No. 1:07-cv-2186 Judge Christopher A. Boyko
vs. Keith Dillard, et al. Defendants. ORDER CANCELLING SALE PROCEEDINGS, VACATING JUDGMENT, AND DISMISSING CASE
This matter is before the Court on the motion of Plaintiff for an order cancelling sale proceedings, vacating the judgment and decree of foreclosure entered in this case under Fed. R. Civ. P. 60(b)(5) and for an order dismissing this case under Fed. R. Civ. P. 41(a)(2) of the Federal Rules of Civil Procedure. The Court hereby grants Plaintiff's motion. The judgment and decree of foreclosure entered in this case are hereby vacated and this action is hereby dismissed without prejudice at Plaintiff's costs. The Clerk is hereby ordered to distribute $500.00 to Rodger A. Pelagalli, the assigned master commissioner, from Plaintiff's deposit and to distribute the remaining $630.00 to Plaintiff. IT IS SO ORDERED. __/C____st____er_____Boyko________ s __ hri __ oph __ A. ______ Christopher A. Boyko UNITED STATES DISTRICT JUDGE
September 19, 2008
G:\Cases - TM\07-16709\motion to dismiss-080918-FFA.wpd
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