STIPULATION TO VOLUNTARILY DISMISS WITHOUT PREJUDICED DEFENDANT JANET MOOSHAGIAN, AN INDIVIDUAL AND AS SUCCESSOR TRUSTEE OF TRUST A ESTABLISHED UNDER THE MOOSHAGIAN FAMILY LIVING TRUST AGREEMENT DATED JUNE 2, 1989; ORDER

BARBARA A. McAULIFFE, Magistrate Judge.

WHEREAS, on September 9, 2015, Plaintiff, Antonia Rebeca Rowe ("Plaintiff"), filed the instant lawsuit in the Superior Court of the State of California, County of Fresno;

WHEREAS October 2, 2015, Defendant, Federal National Mortgage Association ("Fannie Mae"), removed this matter from state court;

WHEREAS, Janet Mooshagian, an individual and as Successor Trustee of Trust A Established Under the Mooshagian Family Living Trust Agreement Dated June 2, 1989 ("Janet") was served with the Summons, Complaint and other related documents on January 12, 2016;

WHEREAS pursuant to Federal Rule of Civil Procedure 81, the original deadline of Janet to respond to the complaint was February 12, 2016;

WHEREAS pursuant to Stipulation by counsel and Order (Docket No. 18) of this Court the time for Janet to respond to the complaint was extended to February 24, 2016;

WHEREAS Janet has not filed an answer or a motion for summary judgment;

WHEREAS Janet is deceased;

WHEREAS counsel for Plaintiff and Janet have agreed the action now pending against Janet may be voluntarily dismissed;

WHEREAS counsel for Janet has agreed to toll all applicable statute of limitations regarding causes of action now asserted against Janet and which may arise in the future regarding the issue which are the subject matter of this lawsuit;

NOW THEREFORE, Plaintiff and Janet HEREBY STIPULATE AND AGREE AS FOLLOWS, subject to the Court's approval:

1. Janet shall be dismissed from the now pending lawsuit without prejudiced pursuant to Federal Rules of Procedure, Rule 41(a)(1)(A)(ii) and (a)(2).

IT IS SO STIPULATED.

ORDER

Presently before the Court is a stipulation between Plaintiff and Janet Mooshagian an individual and as Successor Trustee of Trust A Established Under the Mooshagian Family Living Trust Agreement Dated June 2, 1989 ("Janet") whereby Plaintiff will voluntarily dismiss Janet pursuant to the applicable sections of FRCP Rule 41 prior to any answer or summary judgment motion by Janet.

Good cause appearing therefore, the Court GRANTS the stipulation. Janet Mooshagian, an individual and as Successor Trustee of Trust A Established Under the Mooshagian Family Living Trust Agreement Dated June 2, 1989 shall be dismissed from the now pending lawsuit without prejudice.

IT IS SO ORDERED.