Evans v. Bank of New York Mellon et al

Filing 51

ORDER OF DISMISSAL. Signed by Senior Judge Lonny R. Suko. (PL, Case Administrator)

THE HONORABLE LONNY R. SUKO

1
2
3
4
5
6

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
AT SPOKANE

7
8
9
10
11
12
13
14
15
16
17
18
19

KENNETH R. EVANS, an individual, )
)
Plaintiff,
)
)
v.
)
)
BANK OF NEW YORK MELLON, a )
New York corporation; BAC HOME )
LOANS SERVICING, LP, f/k/a
)
COUNTRYWIDE HOME LOANS, a )
Texas corporation; RECONTRUST
)
COMPANY, N.A., a national
)
association; MORTGAGE
)
ELECTRONIC REGISTRATION
)
SYSTEMS, INC., a Delaware
)
corporation; and JOHN DOES 1-10,
)
certificate holders of CWABS, Inc.,
)
Asset-Backed Certificates, Series 2006- )
21,
)
)
Defendants. )
)

No. 2:11-cv-00210 LRS
ORDER OF DISMISSAL
CLERK’S ACTION
REQUIRED

NOTED ON MOTION
CALENDAR: MARCH 11, 2014

20

THIS MATTER having come before the Court upon the parties’
21
22
23
24
25

Stipulation for Voluntary Dismissal and the Court finding good cause to effect
the stipulation, it is hereby ORDERED:
1.

All claims and allegations dismissed pursuant to Order of this

Court dated September 8, 2011 (ECF No. 28), are dismissed with prejudice, in

26

ORDER OF DISMISSAL - 1
Case No. 2:11-cv-00210-LRS
116589.0318/5957796.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
SEATTLE, WASHINGTON 98111-1302
206.223.7000 FAX: [phone]

1

their entirety, as to all parties. Plaintiff Kenneth Evans forfeits any right he

2

may possess to re-file said claims and allegations or to appeal the Order of this

3

Court dated September 8, 2011 (ECF No. 28).

4

2.

The claims and allegations not dismissed pursuant to Order of

5
6
7
8

this Court dated September 8, 2011 (ECF No. 28), are dismissed without
prejudice.
3.

Notwithstanding Paragraphs 1 and 2, above, no attorneys’ fees or

9

costs associated with the above-captioned action are awarded to either party;

10

any claims, prayers, or demands for attorneys’ fees and costs pled in the above-

11

captioned action or associated with any claim(s) or allegation(s) pled in the

12
13
14

above-captioned action are dismissed with prejudice as to all parties.
4.

All funds deposited in the Court registry by Plaintiff Kenneth

15

Evans, relative to the above-captioned action, are released to Plaintiff Kenneth

16

Evans.

17
18

IT IS SO ORDERED. The District Court Executive is directed to
CLOSE THE FILE.

19
20

DATED: March 14, 2014.

21

s/Lonny R. Suko

22

LONNY R. SUKO
SENIOR UNITED S. D. COURT JUDGE

23
24
25
26

ORDER OF DISMISSAL - 2
Case No. 2:11-cv-00210-LRS
116589.0318/5957796.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
SEATTLE, WASHINGTON 98111-1302
206.223.7000 FAX: [phone]

1

Jointly presented by:

2

LANE POWELL PC

3

By
John S. Devlin III, WSBA No. 23988
[e-mail]
Abraham K. Lorber, WSBA No.
40668
[e-mail]
1420 Fifth Avenue, Suite 4100
Seattle, WA 98101-2338
Tel: [phone]
Fax: [phone]
Attorneys for Defendants

4
5
6
7
8
9
10
11
12
13
14
15
16

JOHNSTON LAWYERS, P.S.
By
R. Bruce Johnston, WSBA #4646
Emanuel Jacobowitz, WSBA #39991
[e-mail]
2701 First Avenue, Suite 340
Seattle, WA 98121
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff

17
18
19
20
21
22
23
24
25
26

ORDER OF DISMISSAL - 3
Case No. 2:11-cv-00210-LRS
116589.0318/5957796.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4200
SEATTLE, WASHINGTON 98111-1302
206.223.7000 FAX: [phone]