Dean v. Aurora Bank F.S.B. et al

Filing 38

ORDER granting 31 Defendant Greenpoint Mortgage Funding Inc.'s Motion for Attorney Fees and Costs, signed by Judge Ronald B. Leighton.(DN) Modified on 11/17/2011 (DN). (Copy mailed to Dwight Bickel.)

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1 Hon. Ronald B. Leighton 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 LINDA S. DEAN, an individual, NO. C11-05339 RBL 10 Plaintiff, 11 12 13 14 15 16 17 18 19 20 vs. AURORA BANK F.S.B., a Delaware Corporation, US BANK N.A., a Minnesota Corporation, GREENPOINT MORTGAGE FUNDING, INC., a California Corporation; RAINIER TITLE, a Washington Corporation; GMAC MORTGAGE, LLC f/k/a GMAC MORTGAGE CORPORATION, a Pennsylvania Corporation; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware Corporation; LSI TITLE AGENCY, INC., a Washington Corporation; EXECUTIVE TRUSTEE SERVICES, LLC, a California Corporation, Defendants. 21 22 ORDER GRANTING DEFENDANT GREENPOINT MORTGAGE FUNDING, INC.’S MOTION FOR ATTORNEY FEES AND COSTS THIS MATTER having come before the Court on Defendant GreenPoint Mortgage 23 Funding, Inc.’s Motion For Attorney Fees And Costs, and the Court having reviewed the 24 materials submitted in support of and in opposition to the Motion, together with the records and 25 files herein, including the Declaration of John A. Knox, and the exhibits thereto, and the Court 26 27 ORDER GRANTING DEFENDANT GREENPOINT MORTGAGE FUNDING, INC.’S MOTION FOR ATTORNEY FEES AND COSTS 1 (C11-05539 RBL) 3140165.4 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 finding that plaintiff brought claims against GreenPoint that were frivolous and advanced 2 without reasonable cause, and that plaintiff unreasonably and vexatiously compounded this 3 litigation in violation of RCW 4.84.185 and 28 USC § 1927, and that fees and costs should be 4 awarded in favor of GreenPoint under RCW 4.84.185, 28 USC § 1927 and the Court’s inherent 5 authority, now, therefore, it is hereby 6 7 8 9 10 11 12 13 ORDERED that defendant GreenPoint’s Motion For Attorney Fees And Costs is GRANTED. IT IS FURTHER ORDERED that attorneys’ fees and costs in the amount of $5,000.00 are awarded against Plaintiff Linda S. Dean and in favor of Defendant GreenPoint Mortgage Funding, Inc. The Clerk of the Court is directed to enter judgment consistent with this Order and to forward this Order to counsel of record. DATED this 17th day of November, 2011. 15 A 16 RONALD B. LEIGHTON UNITED STATES DISTRICT JUDGE 14 17 18 PRESENTED BY: 19 s/John A. Knox____________ John A. Knox, WSBA #12707 WILLIAMS, KASTNER & GIBBS PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 P: (206) 628-6600 F: (206) 628-6611 E: jknox@williamskastner.com 20 21 22 23 24 25 Attorneys for Defendant GreenPoint Mortgage Funding, Inc. 26 27 ORDER GRANTING DEFENDANT GREENPOINT MORTGAGE FUNDING, INC.’S MOTION FOR ATTORNEY FEES AND COSTS 2 (C11-05539 RBL) 3140165.4 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600

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