DeCarlow v. US Bank National Association et al

Filing 15

ORDER: Granting Motion for STIPULATED LIMITED JUDGMENT 12 OF DISMISSAL BETWEEN PLAINTIFFS AND DEFENDANT NORTHWEST TRUSTEE SERVICES, INC. Signed on 5/31/12 by Judge Owen M. Panner. (ljb)

Ian Kyle, OSB # 094128
Email: [e-mail]
Routh Crabtree Olsen, P.c.
621 SW Alder Street, Suite 800
Portland, OR 97205-3623
Phone: [phone], Fax: [phone]
Attorney for Defendant Northwest Trustee Services, Inc.

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

STEVEN DECARLOW
DECARLOW,

and

Case No.1: 12-CV-840-CL

INGRED

Plaintiffs,
vs.
U.S. BANK NATIONAL ASSOCIATION and
NORTHWEST TRUSTEE SERVICES, INC.,

STIPULATED LIMITED JUDGMENT
OF DISMISSAL BETWEEN
PLAINTIFFS & DEFENDANT
NORTHWEST TRUSTEE SERVICES,
INC.

Defendants.

(With Prejudice)

1.
Defendant, Northwest Trustee Services, Inc. ("NWTS"), by and through its
attorneys of record, Routh Crabtree Olsen P.C. and Ian Kyle, and Plaintiffs Steven
DeCarlowand Ingred DeCarlow by and through her attorney of record, Rich Billin,
hereby stipulate and agree as follows:
STIPULATION:

2.
The relevant real property referenced in the Complaint in the above captioned
action is commonly known as 4746 Hathaway Drive, Medford, Oregon (the "Property").
Page 1 STIPULATED LIMITED JUDGMENT OF DISMISSAL

3.

Plaintiffs have agreed to dismiss NWTS from the above-captioned lawsuit on the
condition that NWTS does not initiate foreclosure proceedings against the Property
unless: 1.) permitted by order of this Court or 2.) until Plaintiffs' claims in the abovecaptioned lawsuit against Defendant U.S. Bank National Association ("U.S. Bank") are
resolved through judgment.

4.
For purposes of this Stipulated Limited Judgment, initiation of foreclosure shall
be defmed to mean the recording of a notice of default and election to sell pursuant to
ORS 86.735(3). NWTS may be appointed the successor trustee to the deed oftrust
without being deemed to have initiated foreclosure against the Property for purposes of
this Stipulated Limited Judgment.

5.
This Stipulated Limited Judgment shall have no evidentiary value in connection
with Plaintiffs' claims against U.S. Bank or any counterclaims such co-defendants may
raise against Plaintiffs.

6.
Plaintiffs and Defendant NWTS hereby stipulate and agree to the Order and
Judgment as set out below and for its immediate entry without further delay. Neither
Plaintiffs nor Defendant NWTS shall be awarded damages, costs, attorney fees, or
prevailing party fees through this Judgment, should this Judgment be entered.

II
/I

II
Page 2 - STIPULATED LIMITED JUDGMENT OF DISMISSAL

ORDER AND LIMITED JUDGMENT OF DISMISSAL:

7.
It is ORDERED and ADJUDGED that pursuant to the Stipulations set forth
aoove, Defendant Northwest Trustee Services, Inc. is DISMISSED from the abovecaptioned action with prejudice, without an award of damages, prevailing party fee,
attorney fees, or costs to any party.
DATED: this ~ day of--fo~"----Io"£-_-+-_ _

SO STIPULATED:

lsi Rich Billin
Rich Billin, OSB # 904546
Attorney for Steven DeCarlow and Ingred DeCarlow
PO Box 279
Medford, OR 97501
Phone: [phone]
Fax: [phone]
[e-mail]
lsi Ian Kyle
Ian Kyle, OSB # 094128
Attorneys for Northwest Trustee Services, Inc.
621 SW Alder St., Suite 800
Portland, OR 97205-3623
Phone: [phone]
Fax: [phone]
[e-mail]

Presented by:

lsi Ian Kyle
Ian Kyle, OSB # 094128
Attorney for Defendant NWTS

Page 3 - STIPULATED LIMITED JUDGMENT OF DISMISSAL

CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing Limited Judgment Between Plaintiffs
& Defendant Northwest Trustee Services, Inc. (Stipulated) upon the following parties on
the

day of May, 2012.

VIAECF
Rich Billin, OSB # 904546
PO Box 279
Medford, OR 97501
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiffs

DATED this 30th ~ day of May, 2012.

ROUTH CRABTREE OLSEN, P.c.
By: Is/ Ian Kyle
Ian Kyle, OSB # 094128

Attorneys for NWTS

Page 4

STIPULATED LIMITED JUDGMENT OF DISMISSAL