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El Sobrante Development, L.L.C v. National Assurance Group

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 9, 2009

EL SOBRANTE DEVELOPMENT, L.L.C, ET AL., PLAINTIFF,
v.
NATIONAL ASSURANCE GROUP, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

ORDER ON PLAINTIFFS' REQUEST TO DISMISS DEFENDANTS NATIONAL ASSURANCE GROUP, INC., WESTERN CHRISTIAN FOUNDATION, NATIONAL ASSET INC., GUARANTY CORP., WINRIDGE, INC., PAUL WINTER, MICHAEL WINTER, and NATIONAL FORECLOSURE SERVICE (Doc. No. 70)

The "Oregon Defendants," Pamela Blair, and JLS Investments have all been dismissed. See Court's Docket Doc. Nos. 36, 57, 67. An entry of default has been entered against Defendant Andrew Geiss. See id. at Doc. No. 43. On October 28, 2009, this Court granted Plaintiffs' motion for a determination of good faith settlement. See id. at Doc. No. 66. The settlement was between Plaintiffs and "the Winter Defendants." The settlement provided that, upon a finding that the settlement was made in good faith, the Plaintiffs would move to dismiss the claims against the Winter Defendants with prejudice. See id. at p.3 n.1. Due to the settlement and the Court's order finding that the settlement was made in good faith, Plaintiffs now request that the Court dismiss the Winter Defendants. See id. at Doc. No. 70. In light of the settlement agreement and this Court's order finding good faith, the Court will grant Plaintiffs' requested dismissal with prejudice. See Fed. R. Civ. Pro. 41(a)(2).

Accordingly, IT IS HEREBY ORDERED that Plaintiffs' request for dismissal is GRANTED and Defendants National Assurance Group, Inc., Western Christian Foundation, National Asset Guaranty Corp., Winridge, Inc., Paul Winter, Michael Winter, and National Foreclosure Service are DISMISSED with prejudice from this case.

IT IS SO ORDERED.

20091109

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