Jarvis et al v. Federal National Mortgage Association et al

Filing 54

ORDER granting 50 Plaintiff's Motion for Attorney Fees Against Defendant Federal National Mortgage Association; signed by Judge Ronald B. Leighton.(DN)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON

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ROBERT C. JARVIS and RETHA D. JARVIS,
Husband and Wife,

Case No. 3:16-CV-05194-RBL

Plaintiffs,
vs.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION, a federal corporation; THE
BANK OF NEW YORK MELLON, F.K.A. THE
BANK OF NEW YORK, AS TRUSTEE FOR
CWHEW, INC., HOME EQUITY LOAN ASSET
BACKED CERTIFICATES, SERIES 2006-s10;
and MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC., Delaware
corporation
Defendants.

ORDER GRANTING PLAINTIFFS’ MOTION
FOR ATTORNEY FEES AGAINST
DEFENDANT FEDERAL NATIONAL
MORTGAGE ASSOCIATION

THIS MATTER is before the Court on Plaintiffs’ Motion for Attorneys’ Fees pursuant to
Federal Rule of Civil Procedure 54(d)(2) [Dkt. #50]. The motion was supported by the Declaration of
Gregory F. Amann filed therewith [Dkt. #51]. No opposition to the motion was received by the Court.
In diversity actions, state law governs the recovery of attorneys’ fees and related nontaxable expenses

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so long as it does not run counter to a valid federal statute or rule of court. Garcia v. Wal-Mart Stores,
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Inc., 209 F.3d 1170, 1177 (10th Cir. 2000). As the prevailing party in this action, Plaintiffs are entitled
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VSI LAW GROUP, PLLC
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES AGAINST DEF. FNMA- 1

225 Tacoma Avenue South
.212.3963
Tacoma, WA 98424
Phone: [phone] Fax: [phone]

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to an award of attorneys’ fees pursuant to RCW 4.84.330. Defendant Federal National Mortgage
Association’s (“Fannie Mae”) deed of trust provides that “Lender shall be entitled to recover its

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reasonable attorneys’ fees and costs in any action or proceeding to construe or enforce any term of this

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Security Instrument.”1 In order for a contractual attorneys’ fee provision to apply under RCW

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4.84.330, the contract containing the attorneys’ fee provision must be “central to the controversy.”

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Hemenway v. Miller, 116 Wn.2d 725, 742, 807 P.2d 863 (1991). The central issue of this case was the

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enforceability of Fannie Mae’s deed of trust.

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THEREFORE, Plaintiff’s Motion for Attorneys’ Fees in the amount of $11,062.50 against

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Defendant Fannie Mae is GRANTED. The Clerk shall enter a supplemental judgment awarding

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Plaintiffs Robert C. Jarvis and Retha J. Jarvis $11,062.50 in attorneys’ fees against Defendant Fannie
Mae.
Dated this 16th day of May, 2017.

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A

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Ronald B. Leighton
United States District Judge

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Presented by:

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VSI Law Group, PLLC

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By: /s/Gregory F. Amann_____________
Gregory F. Amann, WSBA No. 24172
Attorneys for Plaintiffs Robert C. Jarvis and
Retha D. Jarvis

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[Dkt. #39] (Fannie Mae’s Response to Motion for Summary Judgment, Exhibit B at 16).

VSI LAW GROUP, PLLC
[PROPOSED] ORDER GRANTING PLAINTIFFS’ MOTION
FOR ATTORNEYS’ FEES AGAINST DEF. FNMA- 2

225 Tacoma Avenue South
.212.3963
Tacoma, WA 98424
Phone: [phone] Fax: [phone]