Commonwealth Property Advocates, LLC v. U.S. Bank National Association et al
Filing
93
FINAL JUDGMENT Defendants Amended Motion to Dismiss 29 is GRANTED; Defendants Motion for Summary Judgment 60 is DENIED as moot; Plaintiffs Motion for Default Judgment 43 is DENIED; Defendants Motion for Sanctions 61 is DENIED; DENYING 90 Defendants' Motion for Attorney Fees Approved by Judge William J. Martinez on 11/29/2011, by Edward P. Butler, Deputy Clerk(ervsl, ) (Modified on 11/29/2011 corrected title to Final Judgment)(ervsl, ).
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-01415-WJM-MJW
COMMONWEALTH PROPERTY ADVOCATES, LLC,
Plaintiff,
v.
U. S. BANK NATIONAL ASSOCIATION, as trustee, successor-in-interest to Bank of
America, National Association as trustee, successor by merger to LaSalle Bank
National Association, as trustee for Morgan Stanley Mortgage Loan Trust 2007-7AX,
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., and
NEW CENTURY MORTGAGE CORPORATION,
Defendants.
_____________________________________________________________________
FINAL JUDGMENT
_____________________________________________________________________
Pursuant to and in accordance with Fed. R. Civ. P. 58(a), the Order (ECF No. 92)
entered by Judge William J. Martinez on November 25, 2011, and the Order Granting
Defendants’ Motion to Dismiss, Denying Plaintiff’s Motion for Default Judgment,
Denying as Moot Defendants’ Motion for Summary Judgment, and Vacating All
Remaining Settings (ECF No. 89) entered by Judge Martinez on November 4, 2011,
incorporated herein by reference, it is
ORDERED:
1.
1
Defendants’1 Amended Motion to Dismiss (ECF No. 29) is GRANTED;
It is noted that default has been entered against New Century Mortgage. (ECF No. 28.)
Accordingly, the reference to “Defendants” does not include New Century Mortgage. It is also
noted that because the court’s Order of November 4, 2011 denied plaintiff’s Motion for Default
Judgment against New Century Mortgage (see No. 3 below) on the grounds that the court must
give full faith and credit to the decision of the state court about the rights and interests of the
parties, Defendant New Century Mortgage is dismissed as a party in this case.
2.
Defendants’ Motion for Summary Judgment (ECF No. 60) is DENIED as
moot;
3.
Plaintiff’s Motion for Default Judgment (ECF No. 43) is DENIED;
4.
Judgment is entered in favor of Defendants U. S. Bank National
Association and Mortgage Electronic Registration Systems, Inc., and
against Plaintiff Commonwealth Property Advocates, LLC;
5.
Defendants’ Motion for Sanctions (ECF No. 61) is DENIED;
6.
Defendants’ Motion for Attorneys’ Fees (ECF No. 90) is DENIED; and
7.
Defendants U. S. Bank National Association and Mortgage Electronic
Registration Systems, Inc. shall have their costs by the filing of a Bill of
Costs with the Clerk of this Court within 14 days of the entry of judgment.
Dated at Denver, Colorado, this 29th day of November, 2011.
FOR THE COURT:
Gregory C. Langham, Clerk
By:
APPROVED:
____________________________
William J. Martinez, Judge
2
s/ Edward P. Butler, Deputy Clerk
Edward P. Butler, Deputy Clerk
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?