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Schwartz v. Benchmark Lending Group

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION


February 5, 2010

JACK SCHWARTZ AND ANNA SCHWARTZ, ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
BENCHMARK LENDING GROUP, INC.; AND DOES 1 THROUGH 20, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Andrew J. Guilford United States District Court Judge

Assigned to Hon. Andrew J. Guilford

ORDER GRANTING STIPULATION OF DISMISSAL Complaint Filed: February 5, 2008 Discovery Cutoff: November 9, 2009 Trial Date: March 9, 2010

The parties having filed their Stipulation of Dismissal with prejudice on February 4, 2010, and good cause appearing, this action is hereby dismissed with prejudice as to the Plaintiff's individual claims and dismissed without prejudice as to the claims of the uncertified putative class.

Each party shall bear his, her, or its own costs and attorneys' fees.

IT IS SO ORDERED.

PROOF OF SERVICE

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 2121 Avenue of the Stars, Suite 2400, Los Angeles, California 90067.

On February 5, 2010, I served the foregoing document described as: [PROPOSED] ORDER GRANTING STIPULATION OF DISMISSAL on the parties in this action by serving:

SEE ATTACHED MAILING LIST

By Envelope - by placing the original a true copy thereof enclosed in sealed envelopes addressed as above and delivering such envelopes:

By Mail: As follows: I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Beverly Hills, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

By Personal Service: I delivered such envelope by hand to the offices of the addressee(s).

By Federal Express: I caused the envelope(s) to be delivered to the Federal Express office at 2121 Avenue of the Stars, Los Angeles, California 90067, on _______________, for delivery on the next-business-day basis to the offices of the addressee(s).

By E-Mail Electronic Transmission: Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the person(s) at the e-mail address(es) so indicated above. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.

Executed on February 5, 2010, at Los Angeles, California.

FEDERAL I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

Kathy Hall

20100205

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