Hicks v. Bank of America NA et al

Filing 28

ORDER ENTERING STIPULATION, DISMISSING CASE WITH PREJUDICE, AND RELEASING FUNDS. Case is CLOSED. Signed by Judge Stanley A Bastian. (LR, Case Administrator)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF WASHINGTON

8
9

ERNEST CLARK HICKS,

10
11

Plaintiff,
v.

12
13 BANK OF AMERICA N.A., Beneficiary,
QUALITY LOAN SERVICE CORP. OF
14 WASHINGTON, Trustee, MORTGAGE
15 ELECTRONIC REGISTRATION
SYSTEMS, INC., Nominee,
16
Defendants.
17

NO. 2:16-cv-00019-SAB
ORDER ENTERING
STIPULATION,
DISMISSING CASE WITH
PREJUDICE, AND RELEASING
FUNDS

18
19
20
21
22
23
24
25
26
27
28

Before the Court is the parties’ Stipulation and Order of Dismissal with
Prejudice and Without Fees or Costs, ECF No. 27. The parties represent that this
matter has been fully settled and that this case should be dismissed with prejudice
and without attorneys’ fees to any party. Additionally, Plaintiff has agreed to
waive all claims to any and all monies held in the Court registry pursuant to the
Court’s Order dated February 19, 2017, ECF No. 25. Plaintiff agrees that
Defendant Bank of America N.A. is entitled to the funds that Plaintiff has paid
into the Court registry and consents to the entry of an Order Releasing Funds. The
Court orders the funds be distributed as below.
ORDER ENTERING STIPULATION, DISMISSING CASE WITH
PREJUDICE, AND RELEASING FUNDS + 1

1

Accordingly, IT IS HEREBY ORDERED:

2

1. The parties’ Stipulation for Order of Dismissal with Prejudice and

3 Without Costs or Attorney’s Fees, ECF No. 27, is accepted and entered into the
4 record.
5

2. The Clerk of Court of the United States District Court for the Eastern

6 District of Washington is ordered to disburse all monies deposited by Plaintiff in
7 the above-captioned case pursuant to the Court’s February 19, 2016 Order, ECF
8 No. 25, less any processing fees, for the benefit of the Bank of America N.A., as
9 follows:
10

Witherspoon Kelly

11

422 W Riverside Avenue

12

Suite 1100

13

Spokane WA 99201-0300

14

3. The above-captioned case is dismissed with prejudice and without costs

15 or attorneys’ fees to any party.
16

4. Any pending motions are dismissed as moot.

17

5. All trial dates and deadlines are stricken.

18

IT IS SO ORDERED. The District Court Executive is hereby directed to

19 file this Order, provide copies to counsel, and close the file.
20

Dated this 13th day of July, 2017.

21
22
23
24
25
26

Stanley A. Bastian

United States District Judge

27
28
ORDER ENTERING STIPULATION, DISMISSING CASE WITH
PREJUDICE, AND RELEASING FUNDS + 2