Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates, Series 2005-R5 v. Walker
District Court, S.D. Texas
DEC 16, 2020 | REPUBLISHED BY LIT: SEP 19, 2021
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PLAINTIFF’S NOTICE OF VOLUNTARY DISMISSAL
Plaintiff Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset-Backed Pass-Through Certificates Series 2005-R5 (“Deutsche” or “Plaintiff”) filed this Notice of Voluntary Dismissal (“Notice”) pursuant to Rule 41 of the Federal Rules of Civil Procedure, and shows the Court as follows:
On December 16, 2020, Deutsche filed its Original Complaint (“Complaint”) against Defendant Carlton J. Walker (“Defendant”) to obtain an order authorizing foreclosure of Plaintiff’s security interest on the real property located at 702 Shiremeadow Dr., Missouri City, Texas (ECF No. 1.)
Defendant was served on January 4, 2021. (ECF No. 7.) Defendant have not answered or otherwise appeared in this action (ECF No. 9.) On April 8, 2021, Plaintiff filed a Motion to Abate the case due to a foreclosure hold placed in the loan instituted by the Federal Emergency Management Administration (“FEMA”) and the Department of Housing and Urban Development (“DUH”). (ECF No. 10.)
Plaintiff no longer wishes to pursue this claim for judicial foreclosure against Accordingly, it files this Notice, pursuant to Rule 41 (a)(1)(A)(i) of the Federal Rules of Civil Procedure. Plaintiff files this Notice before Defendant filed an answer or motion for summary judgment. As such, Plaintiff voluntarily dismisses the claims it has asserted herein against Defendant without prejudice to the re-filing of the same.
Plaintiff’s claims are the only claims pending in this case, so dismissal will dispose of all parties and all claims, and the Defendant will not be prejudiced.
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests the Plaintiff’s claims against Defendant be dismissed without prejudice, that no prejudice attach to such dismissal, and that Plaintiff be awarded all other relief to which Plaintiff may be entitled.
By: /s/ Vivian N. Lopez
MARK D. CRONENWETT
Texas Bar No. 00787303
VIVIAN N. LOPEZ
Texas Bar. No. 20818-PR
MACKIE WOLF ZIENTZ & MANN, P. C.
14160 North Dallas Parkway, Suite 900
Dallas, TX 75254
ATTORNEYS FOR PLAINTIFF