Opinion
2:20-cv-00471-TLN-AC
08-30-2021
SAMISONI VIRIVIRI, Plaintiff, v. AFFINITY DEFAULT SERVICES, LLC, MR. COOPER MORTGAGE, U.S. BANK, N.A., NATIONSTAR MORTGAGE LLC, BANK OF AMERICA, N.A. and DOES 1 through 25, Defendants.
J. OWEN CAMPBELL (State Bar No. 229976) joc@severson.com SEVERSON & WERSON A Professional Corporation The Atriu ELEANOR M. ROMAN (State Bar No. 178736) SEVERSON & WERSON Attorneys for Defendant BANK OF AMERICA, N.A.
J. OWEN CAMPBELL (State Bar No. 229976) joc@severson.com SEVERSON & WERSON A Professional Corporation The Atriu ELEANOR M. ROMAN (State Bar No. 178736) SEVERSON & WERSON Attorneys for Defendant BANK OF AMERICA, N.A.
ORDER FOR DISMISSAL WITH PREJUDICE AND FOR ENTRY OF JUDGMENT AGAINST PLAINTIFF
Troy L. Nunley United States District Judge
Upon consideration of the ex parte application (the “Application”) of defendant, Bank of America, N.A. (“BANA” or “Defendant”) based on the stipulation and agreement with plaintiff, Samisoni Viriviri (“Viriviri” or “Plaintiff”) together with other named defendants, Nationstar Mortgage LLC d/b/a Mr. Cooper (“Nationstar”) and U.S. Bank, N.A., as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-AR1 (“U.S. Bank”), for an order vacating the order and judgment dismissing this Action without prejudice, pursuant to Fed. Rule Civ. Pro. 60(b), and requesting that the Court enter an order dismissing the Action with prejudice and enter a new judgment of dismissal against Plaintiff with prejudice, (the “Stipulation”).
The Court being fully advised and based on the Stipulation, IT IS THEREFORE ORDERED THAT:
1. The order and judgment entered October 5, 2020 pursuant to which the Action was dismissed without prejudice are hereby vacated;
2. The entire action is hereby dismissed with prejudice as to all parties and all claims for relief.
IT IS FURTHER ORDERED THAT, Judgment with prejudice shall be entered in accordance with this Order against plaintiff, Samisoni Viriviri (“Plaintiff) and in favor of defendants, Bank of America, NA. (“BANA”), Nationstar Mortgage LLC d/d/a Mr. Cooper (“Nationstar”), and U.S. Bank, N.A., as Trustee for Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-AR1 (“U.S. Bank”).
IT IS SO ORDERED.