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Case 1:07-cv-03108-DDD Document 4 Filed 10/18/2007 Page 1 of 1

DOWD, J.

UNITED STATES DISTRICT COURT


NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

Deutsche Bank National Trust Company )


as Trustee of Argent Mortgage Securities, ) CASE NO. 1:07 CV 3108
Inc., Asset Backed Pass-Through )
Certificates, Series 2005-W5, Under the )
Pooling and Servicing Agreement Dated as ) ORDER
of November 1, 2005, Without Recourse, )
)
Plaintiff(s), )
)
v. )
Gary Hutchinson, et al., )
)
)
Defendant(s). )
)

A review of the record in the above-captioned case suggests that plaintiff lacks standing

to bring this diversity foreclosure action. Accordingly, plaintiff shall provide proof of standing

as of the date the complaint was filed or dismiss the case without prejudice by October 31, 2007.

Proof of standing may consist of trust documents and/or an assignment of the mortgage

executed before the action was commenced. It is not sufficient to submit an affidavit to prove

that plaintiff is the mortgage holder or that plaintiff has authority to bring this action on behalf of

the mortgage holder.

IT IS SO ORDERED.

October 17, 2007 s/ David D. Dowd, Jr.


Date David D. Dowd, Jr.
U.S. District Judge