Tibbitt v. Bank of New York Mellon

The Hon. Judge Benjamin H. Settle

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT TACOMA GAYLEN TIBBITT, ) Case No: 19-05443-BHS ) ) 10 Plaintiff, ) ORDER GRANTING UNOPPOSED 11 v. ) ) F DE ED F. E R N. D C AIV N. T P B. A54 N(b K) OM FO NT EIO WN Y O OF R K 12 ) MELLON F/K/A THE BANK OF NEW BANK OF NEW YORK MELLON, ) YORK AS TRUSTEE FOR THE QUALITY LOAN SERVICE CORP. OF ) CERTIFICATEHOLDERS OF THE WASHINGTON, ) CWABS, INC. ASSET-BACKED 14 ) CERTIFICATES, SERIES 2005-7 ) 15 Defendants. ) ) Noting Date: August 23, 2019 ) THIS MATTER having come before the Court by unopposed motion of Defendant Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-7 (incorrectly sued as Bank of New York Mellon) for entry of a final judgment pursuant to Fed. R. Civ. P. 54(b), having reviewed said motion: IT IS HEREBY ORDERED AS FOLLOWS: 1. The Court finds there is no just reason for delay in the entry of a final judgment for Defendant Bank of New York Mellon f/k/a The Bank of New York as Trustee for the ORDER GRANTING UNOPPOSED Wright, Finlay, & Zak, LLP FED. R. CIV. P. 54(B) MOTION OF DEFENDANT 3600 15th Ave W., Ste. 202 BANK OF NEW YORK MELLON AS TRUSTEE Seattle, WA 98119 Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-7 in accordance with the Order Granting Defendant’s Motion to Dismiss issued on July 23, 2019. Dkt. No. 14.

3 2. The Court further finds that the factors for entry of a final judgment articulated in Curtiss-Wright Corp. v. General Elec. Co., 446 U.S. 1 (1980) are satisfied in this case.

5 3. Per Fed. R. Civ. P. 54(b), the Clerk shall enter a final judgment dismissing Plaintiff’s claims against Defendant Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., Asset-Backed Certificates, Series 2005-7 with prejudice and without leave to amend.

10 DONE IN OPEN COURT this 9th day of September, 2019.

A 15 BENJAMIN H. SETTLE United States District Judge

Presented by: WRIGHT FINLAY & ZAK, LLP

22 /s/ Joshua Schaer___________________ Joshua Schaer, WSBA #31491 23 Attorneys for Defendant Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of the CWABS, Inc., 25 Asset-Backed Certificates, Series 2005-7 ORDER GRANTING UNOPPOSED Wright, Finlay, & Zak, LLP FED. R. CIV. P. 54(B) MOTION OF DEFENDANT 3600 15th Ave W., Ste. 202 BANK OF NEW YORK MELLON AS TRUSTEE Seattle, WA 98119