Paik v. Wells Fargo Bank NA et al

Filing 64

ORDER GRANTING MOTION TO EXONERATE BOND AND RETURN FUNDS TO PLAINTIFF by Hon. William Alsup granting 63 Motion for Release of Funds.(whalc2, COURT STAFF) (Filed on 4/1/2013)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 KENG HEE PAIK, 9 11 For the Northern District of California United States District Court 10 12 13 14 No. C 10-04016 WHA Plaintiff, v. WELLS FARGO BANK NA, Successor by Merger to Wells Fargo Bank Southwest, NA formerly known as Wachovia Mortgage FSB formerly known as World Savings Bank FSB; WELLS HOME LOAN SERVICING, LP, a Texas Limited Partnership; NDeX WEST LLC, a California Corporation; and DOES 1 through 100, Inclusive, ORDER GRANTING MOTION TO EXONERATE BOND AND RETURN FUNDS TO PLAINTIFF 15 Defendants. 16 / 17 18 In this mortgage foreclosure action, plaintiff Keng Hee Paik’s application for a temporary 19 restraining order and preliminary injunction was granted subject to an $8,000 bond. Plaintiff 20 posted the $8,000 undertaking for the bond on January 31. By order dated August 3, 2011, a 21 motion for summary judgment as to all claims against defendant Wachovia Mortgage was granted 22 (Dkt. No. 61). Plaintiff then filed a notice of voluntary dismissal of all claims (Dkt. No. 62). 23 Plaintiff now seeks an order to exonerate the bond posted in support of the TRO and preliminary 24 injunction. This action has concluded and the necessity for the bond has passed. Accordingly, 25 the motion is granted. The Clerk of the Court is directed to reconvey the $8,000 to plaintiff Keng 26 Hee Paik. 27 28 IT IS SO ORDERED. Dated: April 1, 2013. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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