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BIDDLE v. U.S. BANK NATIONAL ASSOCIATION, 5:14-CV-307-BO. (2015)

Court: District Court, E.D. North Carolina Number: infdco20150624c65 Visitors: 10
Filed: Jun. 22, 2015
Latest Update: Jun. 22, 2015
Summary: ORDER TERRENCE W. BOYLE , District Judge . This cause has come before the Court following notification of settlement and failure to file a stipulation of dismissal as to defendant Poore Substitute Trutsee. All defendants in this matter have appeared and answered the complaint. [DE 11 & 12] The Court was notified on March 16, 2015, that the parties had settled all matters of controversy between them. 1 On April 7, 2015, the Court ordered that the parties file stipulations of dismissal withi
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ORDER

This cause has come before the Court following notification of settlement and failure to file a stipulation of dismissal as to defendant Poore Substitute Trutsee. All defendants in this matter have appeared and answered the complaint. [DE 11 & 12] The Court was notified on March 16, 2015, that the parties had settled all matters of controversy between them.1 On April 7, 2015, the Court ordered that the parties file stipulations of dismissal within forty-five days of the date of entry of the order or otherwise notify that Court that matters remained for resolution. Failure to comply with the Court's order would result in dismissal of the action with prejudice.

On May 28, 2015, a stipulation of dismissal was filed as to U.S. Bank National Association and Ocwen Loan Servicing; neither plaintiffs nor defendant Poore Substitute have notified the Court that matters in controversy remain between them and a stipulation of dismissal of Poore Substitute has not been filed. The time for doing so having elapsed, the Court DISMISSES Poore Substitute Trustee WITH PREJUDICE. This case is now closed.

SO ORDERED.

FootNotes


1. Poore Substitute was excused from participating in mediation as there was no affirmative relief sought against this defendant and it was named for the sole purpose of obtaining injunctive relief. [DE 20].
Source:  Leagle

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