Mazzamuto v. Wachovia Mortgage et al

Filing 17

STIPULATION AND ORDER REGARDING NON-MONETARY STATUS OF DEFENDANT NDEX WEST. Signed by Judge Alsup on September 10, 2010. (whalc1, COURT STAFF) (Filed on 9/10/2010)

Mazzamuto v. Wachovia Mortgage et al

Doc. 17

Case3:10-cv-02851-WHA Document15-1

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EDWARD A. TREDER State Bar No. 116307 DEEPIKA S. SALUJA State Bar No. 251665 BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP 20955 Pathfinder Road, Suite 300 Doa,pmd Bar, California 91765 [phone] ­ Phone [phone] ­ Fax [e-mail] [e-mail] Attorneys for Defendant NDEx WEST, LLC UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JAMES MAZZAMUTO, Plaintiff, vs. WACHOVIA, NDEX WEST, LLC, AND DOES 1 TO 10, INCLUSIVE, [PROPOSED] ORDER RE STIPULATION OF NONMONETARY STATUS OF DEFENDANT NDEx WEST, LLC [NO HEARING REQUIRED] Defendants. The Stipulation of Non-Monetary Status by and between Plaintiff JAMES MAZZAMUTO and Defendant NDEx WEST, LLC, the pertinent parts of which are set forth below, is hereby approved.

W CASE NO. 3:10-cv-02851-JLHA

[PROPOSED] ORDER RE STIPULATION OF NON-MONETARY STATUS OF DEFENDANT NDEx WEST, LLC -1Dockets.Justia.com

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Plaintiff does not assert any claims for monetary relief against Defendant NDEx WEST, LLC, and Plaintiff's Complaint does not allege any misconduct on Defendant NDEx WEST, LLC's part in the performance of its duties and/or in its handling of the non-judicial foreclosure as agent for the mortgage lender(s) and/or as successor trustee under the subject Deed of Trust. Defendant NDEx WEST, LLC shall have no liability to Plaintiff for any monetary damages, attorney's fees or costs of suit. Defendant NDEx WEST, LLC shall be bound by any non-monetary judgment or order that may be entered by the Court concerning (a) ownership and title to the subject real property, (b) the validity, enforceability and priority of the subject Deed of Trust, and/or (c) the non-judicial foreclosure proceeding.

GOOD CAUSE APPEARING, IT IS SO ORDERED: Pursuant to the above stipulation, IT IS SO ORDERED.

Dated: September 10, 2010.

_______________________________________ HONORABLE JAMES LARSON WILLIAM ALSUP UNITED STATES DISTRICT JUDGE UNITED STATES DISTRICT JUDGE

[PROPOSED] ORDER RE STIPULATION OF NON-MONETARY STATUS OF DEFENDANT NDEx WEST, LLC -2-