IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
December 7, 2012
MIGUEL DUENAS, AN INDIVIDUAL; ROSALINA DUENAS, AN INDIVIDUAL PLAINTIFFS,
BANK OF AMERICA, N.A., A NATIONAL BANKING ASSOCIATION; AND DOES 1-20, INCLUSIVE,
The opinion of the court was delivered by: Susan Illston Judge
PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIV. PROC. 41(a)(1) AND ORDER
PLEASE TAKE NOTICE that Plaintiffs MIGUEL DUENAS and ROSALINA DUENAS (hereinafter "Plaintiffs"), pursuant to Federal Rule of Civil Procedure 41(a)(1), hereby voluntarily dismiss all claims in this action with prejudice . Federal Rule of Civil Procedure 41(a)(1) provides, in relevant part:
(a) Voluntary Dismissal.
(1) By the Plaintiff.
(A) Without a Court Order . Subject to Rules 23(3), 23.1(c), 23.2, and 66 and any applicable federal statute, the plaintiff may dismiss an action without a court order by filing:
(i) a notice of dismissal before the opposing party serves either
2 an answer or a motion for summary judgment. 3 4 5
Dated: December 3, 2012 ANGEL AT LAW, INC., APLC
By: /s/ Brian A.
Angelini Brian A. Angelini, Esq.
Attorney for Plaintiff, MIGUEL DUENAS and ROSALINA DUENAS
IT IS SO ORDERED
CERTIFICATE OF SERVICE
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 8484 Wilshire Blvd., Suite 220, 3
Beverly Hills, CA 90211. 4
OF VOLUNTARY DISMISSAL WITH PREJUDICE PURSUANT TO FEDERAL RULE OF CIV. PROC. 41(a)(1) on each interested party in this action, as follows: 6
On December 3, 2012 I served the foregoing document, described asPLAINTIFF'S NOTICE 5
SEE ATTACHMENT NO. "1" SERVICE LIST
BY MAIL. I placed the original or a true copy of the foregoing document in a 8 sealed envelope addressed to each interested party as set forth above. I placed each such envelope, with postage thereon fully prepaid, for collection and mailing at Angel at Law, Inc., APLC, 9
California. I am readily familiar with Angel at Law, Inc.'s practice for collection and processing of 10 correspondence for mailing with the United States Postal Service. Under that practice, the correspondence would be deposited in the United States Postal Service on that same day in the 11 ordinary course of business. Via First Class U.S. Mail, postage fully pre-paid. 12
TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING
(NEF). Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) ("LBR"), the foregoing document will be served by the court via NEF and hyperlink to the document. On 14
07/07/2012 I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF 15 transmission at the email address(es) indicated on the attached Service List. 16
Executed on December 3, 2012 at Los Angeles, California. 17
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 18 19
____/s/ Leopoldo Mendoza_____________
ATTACHMENT NO. "1" SERVICE LIST
Andrew Bao, Esq. Wolfe & Wyman 3
5 Park Plaza, Ste. 1100 Irvine, CA 92614 4
Email: email@example.com (sent via NEF, Email, and U.S. Mail)
Attorneys for Defendants CITIMORTGAGE, INC., U.S. BANK NATIONAL ASSOCIATION 5
AS TRUSTEE OF THE CMALT SERIES 2007-A2, REMIC PASS THROUGH CERTIFICATES, and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 6 7 Jacqueline S Eberhard, Esq. Terry Loftus, Esq. 8 McCarthy & Holthus LLP 1770 Fourth Ave. 9 San Diego, CA 92101 Email: firstname.lastname@example.org (sent via NEF, Email, and U.S. Mail) 10
Attorneys for Defendant: QUALITY LOAN SERVICE CORPORATION 11 Dan E. Chambers, Esq. 12 Troutman Sanders LLP 5 Park Plaza, Suite 1400 13 Irvine, CA 92614-2545 Email: email@example.com (sent via Email and U.S. Mail) Attorneys for Defendant: TAYLOR BEAN & WHITAKER MORTGAGE CORPORATION Elizabeth (SV) F Rojas (TR) Noble Professional Center 16 15060 Ventura Blvd., Suite 240 17 Sherman Oaks, CA 91403 Cacb_ecf_sv@ch13wla.com (sent via NEF) 18 19 20 21 22 23 24 25 26 27 28
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