Opinion
Case No. CV10-07221 GAF (AJWx)
08-12-2011
WILLIAMS, BENNIE E, WILLIAMS, JACQUELINE L., as Husband and Wife, Plaintiffs, v. U.S. BANK NATIONAL ASSOCIATION, as TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST Mortgage Pass-Through Certificates, Series 2006-4, FIRST AMERICAN LOANSTAR TRUSTEE SERVICES LLC, AMERICA'S SERVICING COMPANY, NEW CENTURY MORTGAGE CORPORATION, WELLS FARGO BANK, N.A., Does 1 through 10, Inclusive, Defendants.
KUTAK ROCK LLP Jeffrey S. Gerardo Steven M. Dailey Attorneys for Defendants WELLS FARGO BANK, N.A. and US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4
Jeffrey S. Gerardo #146508
Steven M. Dailey #163857
KUTAK ROCK LLP
Attorneys for Defendants
WELLS FARGO BANK, N.A. [erroneously sued
as "AMERICA'S SERVICING COMPANY" and
"WELLS FARGO BANK, N.A.] and US BANK
NATIONAL ASSOCIATION, AS TRUSTEE FOR
THE STRUCTURED ASSET INVESTMENT
LOAN TRUST, 2006-4 [erroneously named as
"U.S. BANK NATIONAL ASSOCIATION, as
TRUSTEE FOR THE STRUCTURED ASSET
INVESTMENT LOAN TRUST Mortgage Pass
Through Certificates, Series 2006-4"]
Assigned to:
District Judge Gary A. Feess
Assigned Discovery:
Magistrate Judge Andrew J. Wistrich
[PROPOSED] JUDGMENT
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN:
On July 20, 2011, the Court granted Defendants WELLS FARGO BANK, N.A., and US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE STRUCTURED ASSET INVESTMENT LOAN TRUST, 2006-4, [collectively "Lender Defendants"] Motion to Dismiss the Second Amended Complaint without leave to amend. Therefore, IT IS HEREBY ORDERED, ADJUDGED AND DECREED a Judgment of Dismissal be entered in favor of Lender Defendants and against Plaintiffs BENNIE E. WILLIAMS and JACQUELINE L. WILLIAMS. Based on said judgment, Plaintiffs shall take nothing by way of the Second Amended Complaint against Lender Defendants, or either of them.
IT IS SO ORDERED.
Respectfully submitted:
KUTAK ROCK LLP
By: Jeffrey S. Gerardo
Steven M. Dailey
Attorneys for Defendants
WELLS FARGO BANK, N.A.
and US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR THE STRUCTURED
ASSET INVESTMENT LOAN TRUST, 2006-4
______________
JUDGE OF THE U.S. DISTRICT COURT