Elawyers Elawyers
Ohio| Change

Misday v. Allied Collection Service, Inc., 2:15-CV-01890-RFB-PAL (2016)

Court: District Court, D. Nevada Number: infdco20160425923 Visitors: 12
Filed: Apr. 21, 2016
Latest Update: Apr. 21, 2016
Summary: STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT OCWEN LOAN SERVICING, LLC RICHARD F. BOULWARE, II , District Judge . Plaintiffs Barbara Misday and Thomas ("Plaintiffs"), by and through their counsel of record, Haines & Krieger, LLC, and Defendant Ocwen Loan Servicing; LLC ("Ocwen"), by and through their counsel of record, Wright, Finlay & Zak, LLP, hereby stipulate and agree as follows: WHEREAS, the above captioned action concerns credit reporting related to a Note and Deed
More

STIPULATION AND ORDER FOR DISMISSAL WITH PREJUDICE OF DEFENDANT OCWEN LOAN SERVICING, LLC

Plaintiffs Barbara Misday and Thomas ("Plaintiffs"), by and through their counsel of record, Haines & Krieger, LLC, and Defendant Ocwen Loan Servicing; LLC ("Ocwen"), by and through their counsel of record, Wright, Finlay & Zak, LLP, hereby stipulate and agree as follows:

WHEREAS, the above captioned action concerns credit reporting related to a Note and Deed of Trust (the "Loan") involving real property located at 2234 Lucerne Drive, Henderson, Nevada 89014, Assessor's Parcel Number 178-07-110-060 ("Property");

WHEREAS, Plaintiffs Thomas and Barbara Misday (hereinafter, "Plaintiffs" or the "Misdays") filed four separate actions in this District that involve common questions of law and fact: Thomas Misday v. Allied Collection Services, Inc., et. al., Case No. 2:15-CV-01890-RFB-PAL filed on October 1, 2015 ("Action 1"); Thomas Misday v. Nevada Credico Inc., d/b/a Quantum Collections, et. al., Case No. 2:15-CV-1894-GMN-VCF, filed on October 2, 2015 ("Action 2"); Barbara Misday v. Allied Collection Service, Inc., et. al., Case No. 2:15-CV-01907-JAD-NJK, filed on October 5, 2015 ("Action 3"); Barbara Misday v. BMW Financial Services, et. al., Case No.2:15-CV-02018-RFB-PAL, filed on October 19, 2015 ("Action 4"), with all four actions involving complaints alleging causes of action against Ocwen for violations of the federal Fair Credit Reporting Act;

WHEREAS, on January 7, 2016, this Court entered a Transfer and Consolidation Order, consolidating Actions 1, 2, 3 and 4, with Case No. 2:15-cv-1890-RFB-PAL serving as the Base Case;

WHEREAS, on March 16, 2016, Plaintiffs filed a First Amended Complaint in the Base Case, consolidating the causes of action contained in the complaints filed in Actions 1, 2, 3, and 4;

WHEREAS, the parties have come to a global settlement agreement regarding the disputes arising out of Actions 1, 2, 3 and 4, and have executed a settlement agreement.

NOW WHEREFORE, in resolution of the claims against Ocwen alleged in the Complaints filed in Actions 1, 2, 3 and 4 and the claims against Ocwen alleged in the First Amended Complaint,

IT IS HEREBY STIPULATED AND AGREED that the Complaints filed in Actions 1, 2, 3, and 4, and the First Amended Complaint, are dismissed with prejudice as to Defendant Ocwen, with each party to bear their own fees and costs.

IT IS SO STIPULATED AND AGREED.

ORDER

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer