Argys et al v. Greenpoint Mortgage Funding, Inc.

Filing 73

ORDER. The Recommendation of United States Magistrate Judge 72 , filed 05/20/2009, is APPROVED AND ADOPTED as an order of this court. Defendants Motion For Attorneys Fees 64 , filed 10/09/2008, is GRANTED. Defendant is AWARDED attorney fees and costs by Judge Robert E. Blackburn on 06/12/2009.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Case No. 07-cv-01505-REB-KMT JAMES T.ARGYS, and JANELLE A. ARGYS, Plaintiffs, v. GREENPOINT MORTGAGE FUNDING, INC., Defendant. ORDER ADOPTING RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Blackburn, J. The matter before me is the Recommendation of United States Magistrate Judge [#72], filed May 20, 2009. No objections having been filed to the recommendation, I review it only for plain error. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d 1116, 1122 (10th Cir. 2005).1 Finding no such error in the magistrate judge's recommended disposition, I find and conclude that the recommendation should be approved and adopted. THEREFORE, IT IS ORDERED as follows: 1. That the Recommendation of United States Magistrate Judge [#72], filed May 20, 2009, is APPROVED AND ADOPTED as an order of this court;

This standard pertains even though plaintiffs are proceeding pro se in this matter. MoralesFernandez, 418 F.3d at 1122.

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2. That defendant's Motion For Attorneys' Fees [#64], filed October 9, 2008, is GRANTED on the basis that section 9 of the underlying Deed of Trust provides for the recovery of attorney fees in the circumstances occasioned by this lawsuit; 3. That defendant is AWARDED $79,096.00 in attorney fees and costs against plaintiffs as additional indebtedness under the terms of the Deed of Trust; and 4. That judgment SHALL ENTER accordingly. Dated June 12, 2009, at Denver, Colorado. BY THE COURT:

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