Opinion
RICHARD A. CANATELLA (SB # 53264), RONALD M. TORAN (SB # 84027), Cotter & Del Carlo, San Francisco CA, Attorneys for Plaintiffs
ACCREDITED HOME LENDERS, INC., AND COUNTRYWIDE HOME LOANS ONLY VOLUNTARY DISMISSAL, ETC.
RICHARD A. CANATELLA, District Judge
TO THE CLERK OF COURT:
Plaintiffs LaRELL FRANKLIN, individually and as executor and testamentary trustee of the Estate of Maggie Ivory, LaRON FRANKLIN, DEBORAH SPADE, LISA LEMMONS, DOROTHY SEWELL, as guardian of the estate of her wards, AMBER FRANKLIN, DEANEER FRANKLIN and COTI ALEXANDER voluntarily DISMISS WITH PREJUDICE the Second Amended Complaint per Settlement Agreement as to ACCREDITED HOME LENDERS, INC., and COUNTRYWIDE HOME LOANS, INC., only. The dismissal with prejudice is pursuant to Fed.R.Civ.P, rule 41(a)(1)(i). The foregoing defendants have not filed an answer or motion for summary judgment and Plaintiffs have previously dismissed this action based on or including the same claims and causes of action against them without prejudice. See Cooter & Gell v. Harmarx Corp. , 496 U.S. 384, 394 (1990).