The Bank of New York Mellon v. Smith et al

Filing 29

MINUTE ORDER granting in part defendants' 26 Motion for Entry of Judgment; denying defendants' request for a separate judgment regarding Court's 16 Order. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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THE BANK OF NEW YORK
MELLON AS TRUSTEE FOR THE
BENEFIT OF THE CERTIFICATE
HOLDERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES,
SERIES 2007-SD1 FKA THE BANK
OF NEW YORK,

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Plaintiff,

C18-764 TSZ
MINUTE ORDER

v.
KAREN D. SMITH, et al.,

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Defendants.

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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
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(1)
Defendants’ Motion for Entry of Judgment, docket no. 26, which Plaintiff
has not opposed, is GRANTED in part. Pursuant to Federal Rule of Civil Procedure
58(d), the Court will enter in a separate document a judgment regarding Defendants’
entitlement to attorney’s fees as described in the Court’s November 11, 2018, Minute
Order, docket no. 24. Defendants’ request for a separate judgment regarding the Court’s
October 17, 2018, Order granting Defendants’ motion to dismiss, docket no. 16, is
DENIED. Due to Plaintiff’s filing of a notice of appeal, docket no. 20, from the
dismissal order, the Court lacks jurisdiction over that aspect of the case. See Griggs v.
Provident Consumer Discount Co., 459 U.S. 56, 58 (1982) (“The filing of a notice of
appeal is an event of jurisdictional significance—it confers jurisdiction on the court of

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MINUTE ORDER - 1

1 appeals and divests the district court of its control over those aspects of the case involved
in the appeal.”).
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(2)
The Clerk is directed to send a copy of this Minute Order to all counsel of
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Dated this 8th day of April, 2019.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2