Opinion
Case No. 2:1 l-cv-04035 SVW (MANx)
10-25-2011
RICARDO CHOPERENA LORENZANA, Plaintiff, v. ALTURA CREDIT UNION, a California corporation; NEW CENTURY MORTGAGE CORPORATION, a California corporation; U.S. BANK NATIONAL ASSOCIATION, a federally chartered commercial bank, as trustee for CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-NCI, Asset-Backed Pass-Through Certificates Series 2006- NC1 ; NDEX WEST, LLC, a Delaware limited liability company; and DOES 1-10, inclusive, Defendants.
Jeffrey S. Gerardo #146508 Steven M. Dailey #163857 Kutak Rock LLP Attorneys for Defendant US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-NC1, ASSET- BACKED PASS-THROUGH CERTIFICATES SERIES 2006-NC1 [erroneously sued as "U.S. BANK NATIONAL ASSOCIATION, a federally- chartered commercial bank, as trustee for CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-NC1, Asset-Backed Pass-Through Certificates Series 2006-NCI"]
Jeffrey S. Gerardo #146508
Steven M. Dailey #163857
Kutak Rock LLP
Attorneys for Defendant
US BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-NC1, ASSET
BACKED PASS-THROUGH CERTIFICATES
SERIES 2006-NC1 [erroneously sued as "U.S.
BANK NATIONAL ASSOCIATION, a federally
chartered commercial bank, as trustee for
CITIGROUP MORTGAGE LOAN TRUST, INC.
2006-NC1, Asset-Backed Pass-Through Certificates
Series 2006-NCI"]
Assigned to:
Hon. Stephen V. Wilson
Assigned Discovery:
Magistrate Judge Margaret A. Nagle
[PROPOSED] JUDGMENT ON
MOTION TO DISMISS
US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST, INC. 2006-NC1, ASSET-BACKED PASS-THROUGH CERTIFICATES SERIES 2006-NC1 ["U.S. BANK"] was granted by the Honorable Stephen v. Wilson on August 25, 2011 as more fully reflected in the Court's August 25, 2011 Order. Specifically, the Court ordered that Plaintiffs claims brought under the Truth In Lending Acts ("TILA), 15 U.S.C. sects. 1601 et seq. and associated regulations ("Regulation Z"), and the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. sects. 1692 et seq. were dismissed with prejudice. The remaining state law claims were dismissed without prejudice. The Motion to Strike was denied as moot.
Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action be, and hereby is Dismissed, as to U.S. BANK and that a Judgment of Dismissal be entered in favor of U.S. BANK and against Plaintiff. Based on said judgment, Plaintiff shall take nothing by way of the Complaint against U.S. BANK.
IT IS SO ORDERED.
HON. STEPHEN V. WILSON
JUDGE OF THE U.S. DISTRICT COURT
Respectfully submitted:
KUTAK ROCK LLP
By: Steven M. Dailey
Jeffrey S. Gerardo
Attorneys for Defendant
U.S. BANK NATIONAL ASSOCIATION
AS TRUSTEE FOR CITIGROUP MORTGAGE
LOAN TRUST, INC. 2006-NC1 .ASSET-BACKED
PASS-THROUGH CERTIFICATES SERIES 2006-NC1