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Deschaine v. Indymac Mortgage Services

United States District Court, Ninth Circuit, California, E.D. California
Dec 30, 2013
2:13-cv-01991-WBS-CKD (E.D. Cal. Dec. 30, 2013)

Opinion

          JOHN S. SARGETIS (SBN: 80630) W. CHRISTOPHER SIMS (SBN: 276969) UNITED LAW CENTER Attorneys for Plaintiff, JASON DESCHAINE

          BURKE, WILLIAMS & SORENSON, LLP Fabio R. Cabezas Attorney for Defendant, MTC FINANCIAL, INC. DBA TRUSTEE CORPS.


          STIPULATION RE: DISMISSAL OF DEFENDANT MTC FINANCIAL INC. DBA TRUSTEE CORPS

          WILLIAM B. SHUBB, District Judge.

         Plaintiff JASON DESCHAINE ("Plaintiff") and Defendant MTC FINANCIAL INC. DBA TRUSTEE CORPS ("Defendant") through their respective counsel of record submit the following stipulation to dismiss Defendant from the above entitled action with prejudice.

         STIPULATION

1. Whereas, Plaintiff filed this action, Case No. CU13-079812 against Defendant in the Superior Court of California, Nevada County on or about August 8, 2013;

2. Whereas, Defendant FEDERAL HOME LOAN MORTGAGE CORPORATION removed this action to the Federal Court Eastern District of California on or about September 23, 2013;

3. Whereas, Defendant filed a Motion to Dismiss on or about October 1, 2013 with a hearing date of November 18, 2013;

4. Whereas, Plaintiff filed a First Amended Complaint on or about October 21, 2013;

5. Whereas, Defendant filed an Amended Notice of Motion to Dismiss on or about October 23, 2013, with a hearing date of November 18, 2013;

6. Whereas, Plaintiff has decided to dismiss Defendant from this action, with prejudice, each party to bear their own attorney's fees and costs.

7. Whereas, Plaintiff filed a Second Amended Complaint on December 5, 2013, and mistakenly included Defendant MTC FINANCIAL INC. DBA TRUSTEE CORPS, as Defendant.

8. Plaintiff and Defendant hereby stipulate that Defendant will be dismissed from this action with prejudice and that Defendant will waive any right they may have to obtain attorney's fees and costs from Plaintiff as a result of this action.

          ORDER

         IT IS HEREBY ORDERED, that Defendant MTC FINANCIAL INC, DBA TRUSTEE CORPS is dismissed from the above entitled action, with prejudice. Defendant MTC FINANCIAL INC, DBA TRUSTEE CORPS will waive any rights it may or may not have to recover attorney's fees and costs from Plaintiff in this action.

         IT IS SO ORDERED.


Summaries of

Deschaine v. Indymac Mortgage Services

United States District Court, Ninth Circuit, California, E.D. California
Dec 30, 2013
2:13-cv-01991-WBS-CKD (E.D. Cal. Dec. 30, 2013)
Case details for

Deschaine v. Indymac Mortgage Services

Case Details

Full title:JASON DESCHAINE, Plaintiff, v. INDYMAC MORTGAGE SERVICES, A DIVISION OF…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 30, 2013

Citations

2:13-cv-01991-WBS-CKD (E.D. Cal. Dec. 30, 2013)