IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 29, 2010
WILLIAM D. BARDIN, PLAINTIFF,
COUNTRYWIDE HOMELOANS, INC.; BAC HOME LOANS SERVICING, LP, A SUBSIDIARY OF BANK OF AMERICA, NA; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; US FUNDING GROUP, INC.; JOHN MORRIS,*FN1 DEFENDANTS.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
On January 18, 2010 Plaintiff and Defendant AmericanHomeKey, Inc. filed a stipulation ("stipulation") to dismiss Plaintiff's First Amended Complaint ("FAC") without prejudice. (See Docket No. 34). A proposed order was also filed on January 18, 2010, that appears to dismiss Plaintiff's FAC without prejudice; however, Plaintiff only intends to dismiss Defendant AmericanHomeKey, Inc. without prejudice since Plaintiff and other named Defendants filed a joint status report on the same day Plaintiff and Defendant AmericanHomeKey, Inc. filed their stipulated dismissal document. (See Docket No. 36).
Therefore, in accordance with the stipulation, Defendant AmericanHomeKey is dismissed without prejudice from this case, and Plaintiff's claim under the Truth in Lending Act, which is only alleged against AmericanHomeKey, is also dismissed without prejudice.