Sherman G Davis et al v. CMG Mortgage Inc et al, No. 8:2012cv01618 - Document 73 (C.D. Cal. 2013)
Court Description: FINAL JUDGMENT OF DISMISSAL by Judge Andrew J. Guilford, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the above-entitled action be, and hereby is Dismissed, with prejudice, as to WELLS FARGO and that a Judgment of Dismissal be entered in favor of WELLS FARGO and against Plaintiffs. Based on said judgment, Plaintiffs shall take nothing by way of the Second Amended Complaint against WELLS FARGO. (rla)
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Sherman G Davis et al v. CMG Mortgage Inc et al 1 2 3 4 5 6 7 8 9 Doc. 73 Jeffrey S. Gerardo #146508 Steven M. Dailey #163857 KUTAK ROCK LLP 5 Park Plaza, Suite 1500 Irvine, CA 92614-8595 Telephone: (949) 417-0999 Facsimile: (949) 417-5394 Email: jeffrey.gerardo@kutakrock.com Email: steven.dailey@kutakrock.com Attorneys for Defendant WELLS FARGO BANK, N.A. DBA AMERICA’S SERVICING COMPANY [sued both as “WELLS FARGO BANK, N.A. DBA AMERICA’S SERVICING COMPANY” and “WELLS FARGO HOME MORTGAGE”] 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA – SOUTHERN DIVISION 12 13 SHERMAN G. DAVIS, an individual; NICOLE D. DAVIS, an individual, 16 17 18 19 20 21 22 23 Assigned to: Hon. Andrew Guilford Courtroom 10D Plaintiffs, 14 15 Case No. 8:12-cv-01618-AG-CW v. Assigned Discovery: Magistrate Judge Carla Woehrle CMG MORTGAGE, INC., a California Corporation; BANK OF AMERICA, N.A.; WELLS FARGO BANK, N.A. DBA AMERICA’S SERVICING COMPANY; NDEX WEST, LLC, a California Limited Liability Corporation; and all persons or entities unknown claiming any legal or equitable right, title, estate, lien or interest in the Property described in this Complaint adverse to Plaintiffs’ title thereto, and DOES 1 through 25, inclusive, FINAL JUDGMENT OF DISMISSAL Complaint filed: August 13, 2012 Defendants. 24 25 26 27 28 K UTAK R OCK LLP ATTORNEYS AT LAW IRVINE In the action, Plaintiffs named as Defendants CMG MORTGAGE, INC. [“CMG”], BANK OF AMERICA, N.A. [“BOFA”], NDEX WEST, LLC [“NDEX”] and WELLS FARGO BANK, N.A. DBA AMERICA’S SERVICING COMPANY [“WELLS FARGO”]. On February 2, 2013, the Court issued its -1JUDGMENT OF DISMISSAL Dockets.Justia.com 1 Orders dismissing CMG and BOFA based on a Stipulation entered into between the 2 parties. On April 10, 2013, the Court issued its Order approving the Stipulation of 3 Non-Monetary Status of NDeX. In the Stipulation, NDeX agreed to be bound by 4 any judgment entered into regarding WELLS FARGO. On May 6, 2013, the Court 5 granted WELLS FARGO’s Motion to Dismiss Plaintiffs’ Second Amended 6 Complaint without leave to amend. 7 Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that 8 the above-entitled action be, and hereby is Dismissed, with prejudice, as to WELLS 9 FARGO and that a Judgment of Dismissal be entered in favor of WELLS FARGO 10 and against Plaintiffs. Based on said judgment, Plaintiffs shall take nothing by way 11 of the Second Amended Complaint against WELLS FARGO. SO ORDERED. 12 13 14 Date: May 28, 2013 15 16 17 __________________________________ HONORABLE ANDREW GUILFORD U. S. DISTRICT COURT JUDGE Respectfully submitted: KUTAK ROCK LLP 18 19 20 21 22 By: /s/ Steven M. Dailey Jeffrey S. Gerardo Steven M. Dailey Attorneys for Defendants WELLS FARGO BANK, N.A., dba AMERICA’S SERVICING COMPANY 23 24 25 26 27 28 K UTAK R OCK LLP ATTORNEYS AT LAW IRVINE -2[PROPOSED] JUDGMENT OF DISMISSAL
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