Gonzales v. CitiMortgage, Inc.

Filing 63

AMENDED STIPULATION AND ORDER re 62 STIPULATION WITH PROPOSED ORDER REGARDING RELEASE OF FUNDS HELD BY COURT filed by Elizabeth Gonzales. Signed by Judge Edward M. Chen on 10/20/16. (bpf, COURT STAFF) (Filed on 10/20/2016)

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:
[phone]
Facsimile:
[phone]
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

AMENDED 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
AMENDED 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 and interest earned thereon to Plaintiff’s counsel, made

5

payable to Client Trust Account of Mellen Law Firm.

6

SO STIPULATED

7
8

DATED: October 19, 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 19, 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
AMENDED STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER

1

ORDER

2

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 and interest earned

4

thereon, held in the Court’s registry in Northern District Case Number 3:14-cv-04059 EMC. The

5

funds and interest earned thereon shall be made payable to the Client Trust Account of Mellen Law

6

Firm.
IT IS SO ORDERED

S

10
10/20/16
Dated: ______________________

RT

ER

H

13

FO

NO

. M. CHEN
HONORABLE EDWARDChen
dward M
UNITED Judge E DISTRICT COURT JUDGE
STATES

12

LI

11

ERED

O ORD
IT IS S

R NIA

UNIT
ED

9

RT
U
O

8

S DISTRICT
TE
C
TA

14
15

A

7

N

F
D IS T IC T O
R

C

16
17
18
19
20
21
22
23
24
25
26
27
28
3
AMENDED STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER