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Thaddeus Potocki and Kelly Davenport v. Wells Fargo Bank

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 14, 2011

THADDEUS POTOCKI AND KELLY DAVENPORT PLAINTIFF,
v.
WELLS FARGO BANK, N.A; WELLS FARGO HOME MORTGAGE; US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR WSAC 2005-ARI; JAY LEVITE, AN INDIVIDUAL; AND DOES 1 THROUGH 100, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Judge

STEPHEN J. FOONDOS (SBN: 148982) JANET S. MANRIQUE (SBN: 179489) UNITED LAW CENTER 3013 Douglas Blvd., Suite 200 Roseville, CA 95661 Tel: (916) 367-0630 Fax: (916) 265-9000 Attorneys for Plaintiffs THADDEUS POTOCKI, KELLY DAVENPORT

STIPULATION TO DISMISS SIXTH CAUSE OF ACTION, VIOLATION OF CIVIL CODE §2923.5; AND PROPOSED ORDER

COME NOW PLAINTIFFS, Thaddeus Potocki and Kelly Davenport, and Defendants WELLS FARGO BANK, N.A. and WELLS FARGO HOME MORTGAGE, by and through their undersigned counsel of record and stipulate that:

1. Plaintiffs wish to withdraw and dismiss with prejudice their Sixth Cause of Action against Defendants for violation of California Civil Code §2923.5;

2. Defendants do not oppose the dismissal of the Sixth Cause of Action with prejudice;

3. The parties believe that the interests of judicial economy will be furthered by the Stipulation rather than through the filing of an amended complaint that withdraws the Sixth Cause of Action.

Good cause appearing therefor, IT IS SO ORDERED.

John A. Mendez

20111014

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