Dougherty et al v. Bank of America, N.A. et al

Filing 84

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 5/7/2018 ORDERING the Clerk of the Court shall release the bond payments paid by Plaintiffs Penny Dougherty and Dennis Dougherty totaling $15,300 to Plaintiffs Penny Dougherty and Dennis Dougherty with a check payable to Penny Dougherty and Dennis Dougherty in the amount of $15,000. (cc: Financial) (Zignago, K.)

1
2
3

JOHN S. SARGETIS (SBN 80630)
UNITED LAW CENTER
1390 Lead Hill Boulevard
Roseville, California 95661
Telephone: [phone]
Facsimile: [phone]

4
5

Attorneys for Plaintiffs
PENNY DOUGHERTY and DENNIS DOUGHERTY

6
7
8

UNITED STATES DISTRICT COURT
9

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION
10
11
12
13
14
15
16
17
18
19

PENNY DOUGHERTY; DENNIS DOUGHERTY, )
)
)
Plaintiffs,
)
)
)
v.
)
Bank of America, N.A.; Wells Fargo Bank, N.A., )
)
as Trustee, on Behalf of the Holders of the
)
Harborview Mortgage Loan Trust Mortgage Pass- )
)
Through Certificates, Series 2006-12; Select
)
Portfolio Servicing, Inc., Does 1 Through 50,
)
Inclusive,
)
)
Defendants.
)
)

Case No.: 2:15-cv-01226-TLN-DB

Complaint Filed:

4/28/2015

20
21

1. Whereas on June 1, 2017 this Court’s ORDER, Document 73, 11:17-19 ordered:

22

“2. Plaintiffs are ORDERED to deposit on the first business day of each

23

month, the sum of $1,700.00 with the clerk of the Court to be held in bond

24

until resolution of this action or further order of the Court.”

25

2. Whereas Plaintiffs Penny Dougherty and Dennis Dougherty have deposited a total of 9

26

monthly payments of $1,700.00 with the clerk of the Court totaling $15,300.

27
28

STIPULATION FOR RELEASE OF BOND PAYMENTS; ORDER
Dougherty v Bank of America, N.A., et al. Case No. 2:15-cv-01226-TLN-DB

1

3. Whereas per the STIPULATION and ORDER signed by District Court Judge Troy L.
Nunley on 4/16/18, Document 79, Defendants Select Portfolio Serving, Inc. and Wells Fargo

2
3
4

Bank, N.A. are dismissed with prejudice, and each party shall bear its own attorneys’ fees and
costs.
4. Defendants Select Portfolio Servicing, Inc. and Wells Fargo Bank, N.A. hereby authorize

5

the said $15,300 paid by Plaintiffs Penny Dougherty and Dennis Dougherty to be released to

6

them.

7
8
9

Dated: _______, 2018

Respectfully submitted,
UNITED LAW CENTER

10
11

By: /s/ John S. Sargetis______________
John S. Sargetis
Attorneys for Plaintiffs
PENNY DOUGHERTY AND DENNIS
DOUGHERTY

12
13
14
15
16
17
18

Dated: ________, 2018

Respectfully submitted,
LOCKE LORD LLP

19
20
21
22
23
24
25
26

By: /s/ Lindsey E. Kress ______________
Regina J. McClendon
Lindsey E. Kress
Attorneys for Defendants
WELLS FARGO BANK, N.A., AS TRUSTEE,
ON BEHALF OF THE HOLDERS OF THE
HARBORVIEW MORTGAGE LOAN TRUST
MORTGAGE LOAN PASS-THROUGH
CERTIFICATES, SERIES 2006-12; and
SELECT PORTFOLIO SERVICING, INC.

27
28

STIPULATION FOR RELEASE OF BOND PAYMENTS; ORDER
Dougherty v Bank of America, N.A., et al. Case No. 2:15-cv-01226-TLN-DB

ORDER

1
2

Pursuant to the above STIPULATION FOR RELEASE OF BOND PAYMENTS,

3

IT IS HEREBY ORDERED the Clerk of the Court shall release the bond payments paid
4
5

by Plaintiffs Penny Dougherty and Dennis Dougherty totaling $15,300 to Plaintiffs Penny

6

Dougherty and Dennis Dougherty with a check payable to Penny Dougherty and Dennis Dougherty

7

in the amount of $15,000.

8
9
10

Dated: May 7, 2018

11
12
13

Troy L. Nunley
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

STIPULATION FOR RELEASE OF BOND PAYMENTS; ORDER
Dougherty v Bank of America, N.A., et al. Case No. 2:15-cv-01226-TLN-DB