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Chalmers v. Solutions Processing

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA -- SACRAMENTO DIVISION


June 16, 2010

CLAUDINE CHALMERS, PLAINTIFF,
v.
SOLUTIONS PROCESSING, LLC; CRAIG M. LAVERTY, ESQ.; RYAN LAW FIRM; INDY MAC BANK, F.S.B.; KEYER NAGRIK; KATHERINE MCCOLL; TONY FIGUEROA; PARK PLACE PROPERTY; NEW PHASE GROUP, LLC; MTC FINANCIAL INC. DBA TRUSTEE CORPS; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; FEDERAL LOAN MORTGAGE CORPORATION; HOMESTEPS; AND DOES 1 -- 10, INCLUSIVE DEFENDANTS.

STIPULATION TO ORDER ON DEFENDANTS' MOTION TO DISMISS; [PROPOSED] ORDER

WHEREAS:

1. A motion to dismiss filed by defendants FEDERAL HOME LOAN MORTGAGE CORPORATION, HOMESTEPS, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS") is presently set for hearing on June 21, 2010, and

2. Plaintiff concedes the motion is meritorious as to the First Cause of Action; resists dismissal of MERS from the Second Cause of Action with prejudice, and opposes the motion as directed to the Third Cause of Action in part because plaintiff states an ability to replead that cause of action; and

3. Plaintiff seeks leave to file an amended complaint addressing all presently pleaded causes of action; and

4. The moving defendants and plaintiff wish to provide for the efficient and expeditious advancement of this matter.

NOW THEREFORE IT IS STIPULATED by the moving parties and plaintiff, by their counsel, subject to this Court's approval, that the motion of dismissal is granted, without prejudice. Plaintiff is granted 30 days from the date of this order to file an amended complaint.

IT IS SO ORDERED

20100616

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