Opinion
CV 23-606-GW-RAOx CV 23-1884-GWRAOx
05-03-2024
M2B FUNDING CORP., a Florida corporation; and ODIN ASSOCIATES, LLC, a Florida limited liability company, Plaintiffs, v. DOUGLAS B. CROXALL, individually and as co-trustee of The Croxall Family Revocable Trust Dated February 20, 2004; and NATASHA ALLAS CROXALL, individually and as cotrustee of The Croxall Family Revocable Trust Dated February 20, 2004, Defendants.
ORDER DISMISSING THE CONSOLIDATED ACTIONS PURSUANT TO FED. R. CIV. P. 41
GEORGE H. WU, UNITED STATES DISTRICT JUDGE
The consolidated lawsuits, including both M2B Funding Corp. v. Croxall, Case No. 2:23-cv-00606-GW, and Croxall v. M2B Funding Corp., Case No. 2:23-cv-01884-GW (collectively, the “Actions”), and all claims pled therein, are hereby DISMISSED WITH PREJUDICE pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii) with each party to bear its own attorneys' fees and costs, subject to the Court's retention of jurisdiction over them to enforce the Parties' agreement until the sooner of: (a) Borrowers' tender of the Agreement Total Loan Payment as that term is defined in accordance with the terms and conditions of their agreement; or (b) the completion of the non-judicial foreclosure sale of the Oceano Property, pursuant to California law, the Borrowers' fulfillment of their Vacating Tender Obligations as that term is defined in their agreement, and the Borrowers' payment of the liquidated damages, if any.
IT IS SO ORDERED.