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Kami O'brien, An Individual; Patrick O'brien, An Individual v. Bear Stearns Residential Mortgage Corporation

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


December 28, 2010

KAMI O'BRIEN, AN INDIVIDUAL; PATRICK O'BRIEN, AN INDIVIDUAL, PLAINTIFFS,
v.
BEAR STEARNS RESIDENTIAL MORTGAGE CORPORATION, A MORTGAGE ENTITY; WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC, ASSET BACKED CERTIFICATES, SERIES 2007-AC6, A CORPORATE ENTITY; EMC MORTGAGE CORPORATION, A CORPORATE ENTITY; CAL-WESTERN RECONVEYANCE CORPORATION, CORPORATE ENTITY; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., A "SUSPENDED" CORPORATE ENTITY; AND DOES 1-10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Honorable Valerie Fairbank

WITHDRAWAL OF NOTICE OF REMOVAL AND [PROPOSED] ORDER

Defendants EMC Mortgage Corporation ("EMC"), Mortgage Electronic Registrations Systems, Inc. ("MERS"), Bear Stearns Residential Mortgage Corporation ("Bear Stearns"), and Wells Fargo Bank, NA, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities I LLC, Asset Backed Certificates, Series 2007-AC6 ("Wells Fargo") (collectively, "Defendants") filed a Notice of Withdrawal of Removal on December 27, 2010, in which it seeks to withdraw a previously filed Notice of Removal of the above-entitled action from the Superior Court of the State of California, County of Los Angeles, to the United States District Court for the Central District of California, filed and entered on December 6, 2010.

Because the above-entitled action had previously been removed on November 23, 2010 to the United States District Court for the Central District of California and is assigned to Honorable John Walter (CV-10-9071 MMM(SSx)), this Court will dismiss this action as duplicative.

IT IS HEREBY ORDERED THAT Defendants' Notice of Removal, Certificate of Interested Parties and Civil Cover Sheet, filed and entered on December 6, 2010, are withdrawn, and the above-entitled action is dismissed, so that the case can proceed in accordance with the first-filed removal.

Dated: 2011

20101228

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