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Sanchez v. Indymac Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 23, 2009

DONALD SANCHEZ PLAINTIFF,
v.
INDYMAC BANK, FSB; INDYMAC BY MORTGAGE ELECTRONIC FEDERAL BANK, F.S.B. IN ITS SEPARATE REGISTRATION SYSTEM, INC. CAPACITY AND AS SUCCESSOR TO INDYMAC BANK; FSB; MTC FINANCIAL, INC DBA TRUSTEE CORPS; MORTGAGE ELECTRONIC REGISTRATION SYSTEM INC.; WINDSOR CAPITOL MORTGAGE CORPORATION, A CALIFORNIA CORPORATION, DOING BUSINESS AS NORTH POINT LENDING & INVESTMENTS; LINDA TEMKO; BARBARA CIULLO; JEFF B. MC GREGOR; RONNY EARLY; FIRST PRIORITY FINANCIAL INC., DBA NORTH POINT LENDING & INVESTMENTS; DAVID MICHAEL SOLDATI; THRIVEST FINANCIAL INC., A CALIFORNIA CORPORATION; MICHAEL ANTHONY LIPSCOMB; AND DOES 1-20 INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER ON STIPULATION FOR FILING FIRST AMENDED COMPLAINT AND WITHDRAWAL OF MOTION TO DISMISS

Defendant Mortgage Electronic Registration System, Inc. ("MERS"), by and through its attorney Marissa M. Prayongratana of Allen Matkins Leck Gamble Mallory & Natsis LLP, and Plaintiff Donald Sanchez by and through his attorney Michael J. Zinicola of the Law Offices of Michael J. Zinicola have stipulated as follows:

1. Plaintiff shall file and serve by Friday, June 19, 2009, his first amended complaint;

2. Defendant Mortgage Electronic Registration System, Inc. shall withdraw without prejudice its Motion to Dismiss presently scheduled for hearing on July 16, 2009, at 9:00 a.m. The withdraw of the motion to dismiss shall only take place after the filing fo the first amended complaint.

GOOD CAUSE appearing therefore, the Court hereby approves and orders the stipulation as stated above.

20090623

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