Brinker v. JP Morgan Chase N.A. et al

Filing 123

ORDER GRANTING JOINT STIPULATION RE RELEASE OF FUNDS IN PLAINTIFF'S ATTORNEY TRUST ACCOUNT re 121 Signed by Judge Paul S. Grewal on December 9, 2014 (psglc2, COURT STAFF) (Filed on 12/9/2014)

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1 ANITA L. STEBURG, SBN 245933 STEBURG LAW FIRM, P.C. 2 1798 Technology Drive, Suite 258 San Jose, CA 95110 3 Tel: (408) 573-1122 Fax: (408) 573-1126 4 Attorney for Plaintiff, 5 Alan Brinker 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION 8 Case No. 5:13-cv-01805 PSG 9 10 ALAN BRINKER, an individual, 11 PLAINTIFF, 12 v. 13 JP MORGAN CHASE, N.A.; CALIFORNIA RECONVEYANCE COMPANY; LPS AGENCY SALES AND POSTING, INC.; EXPERIAN INFORMATION SOLUTIONS, INC.; TRANS UNION L.L.C.; EQUIFAX INFORMATION SERVICES, L.L.C., and DOES 1 through 100, inclusive, 14 15 16 17 18 19 20 21 CORRECTED JOINT STIPULATION AND PROPOSED ORDER RE: RELEASE OF FUNDS IN PLAINTIFF’S ATTORNEY TRUST ACCOUNT DEFENDANTS. This case has been tentatively settled between Defendants, JPMorgan Chase, N.A., and California Reconveyance Company (“Defendants”) and Alan Brinker (“Plaintiff”). A Notice of Settlement has been filed with this Court. At the onset of the case, Plaintiff deposited funds to 22 cure the mortgage arrearages which consisted of interest, penalties and other expenses related 23 Plaintiff’s mortgage loan with JP Morgan Chase Bank, N.A. Pursuant to the Court’s Order 24 dated June 5, 2013, those funds remain in Plaintiff’s attorney’s trust account. That order is in 25 effect as long as the case is pending or until this Court otherwise orders it is no longer in effect. 26 27 28 Defendants, through their counsel, and Plaintiff, through his counsel, Anita Steburg, hereby stipulate as follows: 29 ________________________ __________________________________________________________________________________________________________________________________ Page 1 1 2 3 4 5 6 7 8 1. The funds deposited into Plaintiff’s counsel trust account which represent the disputed interest, penalties, fees and other expenses related to Plaintiff’s mortgage loan with JP Morgan Chase Bank, N.A. are hereby released. 2. Paragraph 3 of the Stipulation and Order signed by Judge Lucy Koh on June 5, 2013 (Docket No. 25) which orders, “Plaintiff’s counsel will continue to hold funds in trust. These funds represent the disputed interest, penalties, fees and other expenses related to Plaintiff’s mortgage loan with JP Morgan Chase Bank, N.A.” is no longer in effect. 9 IT IS SO STIPULATED. 10 Date: November 25, 2014 11 /s/ Anita Steburg Anita L. Steburg Counsel for Plaintiff, Alan Brinker 12 13 Date: November 25, 2014 14 15 /s/ Lisa Bowman Lisa Bowman Counsel for Defendant, JP Morgan Chase, N.A. and California Reconveyance Company 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ________________________ __________________________________________________________________________________________________________________________________ Page 2

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