Gonzales v. CitiMortgage, Inc.

Filing 61

STIPULATION AND ORDER re 60 STIPULATION WITH PROPOSED ORDER RELEASE OF FUNDS HELD BY COURT filed by Elizabeth Gonzales. Signed by Judge Edward M. Chen on 10/18/16. (bpf, COURT STAFF) (Filed on 10/18/2016)

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1 2 3 4 5 6 Matthew D. Mellen (Bar No. 233350) Jessica Galletta (Bar No. 281179) MELLEN LAW FIRM One Embarcadero Center, Fifth Floor San Francisco, CA 94111 Telephone: (415) 315-1653 Facsimile: (415) 276-1902 Attorneys for Plaintiff ELIZABETH GONZALES 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA – SAN FRANCISCO DIVISION 10 ELIZABETH GONZALES, an individual, 11 12 13 14 Plaintiff, 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER v. CITIMORTGAGE, INC., a business entity; and DOES 1 through 50, inclusive, Defendants. 15 16 Case No.: 3:14-cv-04059 EMC WHEREAS Plaintiff initiated this action on September 5, 2014 (Dckt. 1); WHEREAS on September 11, 2014, Plaintiff filed an Ex Parte Application for Temporary Restraining Order, which was granted on September 12, 2014 (Dckt. 6-7; 15); WHEREAS on October 10, 2014, the Court granted Plaintiffs’ request for a Preliminary Injunction, enjoining the foreclosure sale of Plaintiff’s property until further order by the Court. (Dckt. 30). WHEREAS Pursuant to the Order, Plaintiff was required to submit $2,000 per month to the Court’s registry as a condition of maintaining the Injunction Order. (Dckt. 30 at pp. 3, lns. 7-10). WHEREAS on August 4, 2015, this action was dismissed with prejudice pursuant to a settlement agreement entered into between the parties. (Dckt. 58-59). The court’s prior preliminary injunction order was thus mooted and of no further legal effect as a result of the dismissal. WHEREAS $10,000.00 in funds was deposited by Plaintiff into the Court’s registry, per the 1 STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER 1 Court’s Order, which still remains in the Court’s registry. 2 NOW THEREFORE the Parties hereby stipulate and agree to release to Plaintiff the funds 3 held in the Court’s registry pursuant to Northern District Case Number 3:14-cv-04059 EMC. The 4 Parties stipulate to release of the funds to Plaintiff’s counsel, made payable to Client Trust Account 5 of Mellen Law Firm. 6 SO STIPULATED 7 8 DATED: October 13, 2016 WOLFE & WYMAN LLP 9 By: /s/ Andrew Bao ANDREW A. BAO Attorneys for Defendant CITIMORTGAGE, INC. 10 11 12 13 14 15 16 17 18 DATED: October 13, 2016 MELLEN LAW FIRM By: /s/ Jessica Galletta MATTHEW MELLEN JESSICA GALLETTA Attorneys for Plaintiff ELIZABETH GONZALES 19 20 21 22 23 24 25 26 27 28 2 STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER 1 2 ORDER The Court, having reviewed the Parties’ Stipulation and finding good cause to issue an Order 3 thereon, hereby grants the Parties’ stipulation to release to Plaintiff the funds held in the Court’s 4 registry in Northern District Case Number 3:14-cv-04059 EMC. The funds shall be made payable to 5 Client Trust Account of Mellen Law Firm. ER H 12 13 n M. Che Edward Judge HONORABLE EDWARD M. CHEN UNITED STATES DISTRICT COURT JUDGE FO RT 11 10/18/16 Dated: ______________________ NO 10 LI 9 D RDERE OO IT IS S A UNIT ED 8 RT U O 7 R NIA IT IS SO ORDERED S 6 S DISTRICT TE C TA N F D IS T IC T O R C 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER

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