Opinion
Civil Action No. SA-10-CV-0529 NN
10-24-2011
Certain Underwriters at Lloyd's London Subscribing to Certificate No. WHP000080728005, Plaintiffs, v. Misty R. Moran, Jacob C. Moran, Wells Fargo Bank, NA, Defendants. Wells Fargo Bank, NA, Cross-Claimant, v. Jacob C. Moran, & Misty R. Moran, Cross-Defendants.
Dismissal Order
This case was filed by plaintiff Certain Underwriters at Lloyd's London (Lloyd's) against defendants Misty and Jacob Moran and Wells Fargo Bank, NA, (the Bank).Lloyd's filed the lawsuit to resolve a dispute over entitlement to money paid to the Morans as Lloyd's insured for damage from a home fire. Lloyd's asked the court to adjudicate claims for the insurance money and asked for attorney fees.
Docket entry # 1.
The Bank is the Morans' mortgage holder. The Bank answered and filed a cross-claim against the Morans complaining that the Morans failed to repair the mortgaged home. The Bank asked for the insurance money for disbursement in accordance with the deed of trust.
Docket entry # 5.
Since that time, the parties resolved their dispute over entitlement to the insurance pay-out. Under the agreed resolution, the insurance money was released to the Bank and the Morans for disbursement in accordance with the deed of trust so the Morans can repair the mortgaged property. The Bank withdrew its cross-claim. The court denied Lloyd's request for attorney fees. With those matters resolved, no issues remain for adjudication. Accordingly, I dismiss this case. The parties shall bear their own costs.
Docket entry # 26.
Docket entry # 30.
Docket entry # 28.
Docket entry # 29.
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NANCY STEIN NOWAK
UNITED STATES MAGISTRATE JUDGE