(PS) Benson et al v. Ocwen Loan Servicing, LLC et al, No. 2:2014cv02495 - Document 19 (E.D. Cal. 2015)
Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 2/19/15 ORDERING that the 2/10/15 17 Findings and Recommendations are VACATED.(Mena-Sanchez, L)
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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THOMAS BENSON, et al., 12 No. 2:14-cv-2495-TLN-KJN PS Plaintiffs, 13 14 ORDER v. OCWEN LOAN SERVICING, LLC, et al., 15 Defendants. 16 17 On February 10, 2015, the undersigned issued findings and recommendations 18 recommending that this case be dismissed pursuant to Federal Rule of Civil Procedure 41(b) 19 based on plaintiffs’ multiple failures to timely file an opposition or statement of non-opposition to 20 defendants’ pending motion to dismiss. (ECF No. 17.) On February 11, 2015, defendants filed a 21 notice of settlement of the entire action. (ECF No. 18.) Therein, defendants represent that they 22 “have reached a resolution of the claims alleged by Plaintiffs” and that “[t]he parties are in the 23 process of finalizing the confidential, written settlement agreement and anticipate that a request 24 for dismissal of the above-captioned action, in its entirety, and with prejudice, will be filed within 25 the next twenty-one (21) days.” (Id. at 2.) 26 //// 27 //// 28 1 1 In light of the notice of settlement and defendants’ representation that a voluntary request 2 for dismissal will be filed within twenty-one days, the February 10, 2015 findings and 3 recommendations (ECF No. 17) are hereby VACATED. 4 Dated: February 19, 2015 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
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