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U.S. Bank National Association, As Indenture Trustee For the Registered Holders of Aegis Asset Backed Securities v. Cindy S. Wooten

THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS SPRINGFIELD DIVISION


April 18, 2011

U.S. BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR THE REGISTERED HOLDERS OF AEGIS ASSET BACKED SECURITIES TRUST 2005-2, MORTGAGE BACKED NOTES PLAINTIFF,
v.
CINDY S. WOOTEN, WILLIAM J. WOOTEN DEFENDANT.

The opinion of the court was delivered by: Sue E. Myerscough, U.S. District Judge:

E-FILED

Monday, 18 April, 2011 02:57:33 PM Clerk, U.S. District Court, ILCD

OPINION

The Court now considers Plaintiff U.S. Bank National Association's Motion to Dismiss Case (d/e 15). Plaintiff states that the parties have entered into a loan modification agreement which has brought the loan current. Id. at 1. Given the parties' loan modification agreement, dismissal without prejudice is proper pursuant to Federal Rule of Civil Procedure 41(a)(2) (allowing courts to dismiss cases without prejudice so long as proper conditions exist).

THEREFORE, Plaintiff's Motion to Dismiss Case (d/e 15) is ALLOWED. This case is DISMISSED WITHOUT PREJUDICE and the matter is CLOSED.

IT IS SO ORDERED.

FOR THE COURT:

SUE E. MYERSCOUGH UNITED STATES DISTRICT JUDGE

20110418

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