Opinion
Civil Action No. 08-cv-00841-WYD-KMT.
November 4, 2008
ORDER
THIS MATTER comes before the Court on the Joint Motion for Partial Dismissal Without Prejudice (filed October 31, 2008). The Court, having considered the Motion and having determined that the relief requested therein should be granted, hereby
ORDERS that the Joint Motion for Partial Dismissal (Doc. # 52) is GRANTED. In accordance therewith, it is
ORDERED that Plaintiffs' claims relating to the four loans listed by loan number on Ex. A to the Amended Complaint (Doc. No. 41) as ****7013, ****0351, ****9324 and ****8310 are hereby DISMISSED WITHOUT PREJUDICE. It is
FURTHER ORDERED that Defendant's Counterclaim, as alleged in Doc. No. 44, as to Counterclaim Defendant Lehman Brothers Bank, FSB, is hereby DISMISSED WITHOUT PREJUDICE. Counterclaim Defendant Lehman Brothers Bank, FSB shall hereafter be taken off the caption. It is
FURTHER ORDERED that given the dismissal of Lehman Brothers Bank, FSB, Counterclaim Defendant's Motion to Dismiss American Sterling Bank's Counterclaim (Doc. # 50 filed October 20, 2008 by Lehman Brother Bank, FSB) is DENIED AS MOOT. Finally, it is
ORDERED that all other claims remain pending as set forth in the Motion.