Joan Demarest v. HSBC Bank USA, N.A., et al

Filing 68

JUDGMENT ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION by Judge Andre Birotte Jr.: Upon Defendants' Motion for Summary Judgment 30 , IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: (1) Judgmen t is entered in favor of Defendants, Ocwen Loan Servicing, LLC and HSBC Bank USA, N.A., as Trustee for the registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates, Series 2006-HE2, and against Plaintiff on each and every count of the Complaint. It is hereby ordered that this action is DISMISSED WITH PREJUDICE. (2) Judgment is also entered in favor of Defendant, Western Progressive LLC, which filed an uncontested Notice of Nonmonetary Status. (MD JS-6, Case Terminated). (gk)

JS-6
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA - WESTERN DIVISION

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JOAN DEMAREST,
Plaintiff,
vs.
HSBC BANK USA N.A.; OCWEN
LOAN SERVICING, LLC;
WESTERN PROGRESSIVE LLC;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS; and
DOES 1 THROUGH 10
INCLUSIVE,
Defendants.

Case No.:
Hon:

2:16-cv-05088 AB(Ex)
André Birotte Jr.

[PROPOSED] JUDGMENT ON
DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT OR IN
THE ALTERNATIVE
SUMMARY ADJUDICATION

[FRCP 56 & L.R. 56]

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The Court having considered the Motion of Defendants Ocwen Loan

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Servicing, LLC (“Ocwen”) and HSBC Bank USA, N.A., as Trustee for the

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registered holders of Nomura Home Equity Loan, Inc., Asset-Backed Certificates,

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______________________________________________________________________________
JUDGMENT
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Series 2006-HE2 (“HSBC as Trustee”) incorrectly sued herein as HSBC Bank

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USA N.A., (collectively “Defendants”) for Summary Judgment in the instant

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action, and having considered the moving, opposition and reply papers as well as

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the argument of counsel, and good cause appearing, the Court rules as follows:

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There were no genuine disputes as to any material fact with respect to any of

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Plaintiff’s claims for relief and Defendants are entitled to summary judgment as a

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matter of law. The Court also dismisses Defendant Western Progressive LLC,

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which filed an uncontested Notice of Nonmonetary Status and as to whom the

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Complaint makes no actionable allegations.

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IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows:

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1.

Judgment is entered in favor of Defendants, Ocwen and HSBC as

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Trustee and against Plaintiff on each and every count of the Complaint. It is

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hereby ordered that this action is DISMISSED WITH PREJUDICE.

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2.

Judgment is also entered in favor of Defendant, Western Progressive

LLC, which filed an uncontested Notice of Nonmonetary Status.

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Dated: August 25, 2017
Hon. André Birotte Jr.
United States District Court Judge

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______________________________________________________________________________
JUDGMENT
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