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Adam Furgatch v. Onewest Bank

April 29, 2013

ADAM FURGATCH,
PLAINTIFF,
v.
ONEWEST BANK, FSB; DEUTSCHE ) BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC INDX MORTGAGE TRUST 2007-AR5, MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR5 UNDER THE POOLING AND SERVICING AGREEMENT DATED MARCH 1, 2007; ) CHARLES H. BUNDRANT AND HIS WIFE, DIANE L. BUNDRANT; AND ) DOES 1-100, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Helen Gillmor United States District Judge

ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND RECOMMENDATION TO DENY DEFENDANTS ONEWEST BANK, FSB AND DEUTSCHE BANK NATIONAL TRUST COMPANY'S MOTION FOR ATTORNEY'S FEES AND COSTS (ECF No. 128) AND DENYING DEFENDANT'S OBJECTION TO THE MAGISTRATE JUDGE'S

FINDINGS AND RECOMMENDATION (ECF No. 137)

Plaintiff Adam Furgatch filed a Complaint against Defendants OneWest Bank, FSB, Deutsche Bank National Trust Company, Charles H. Bundrant, and Diane L. Bundrant, asserting claims of specific performance, quiet title, and fraud. On January 4, 2013, the Court granted Defendants' motion for summary judgment. Defendants OneWest Bank, FSB and Deutsche Bank National Trust Company filed a motion requesting attorneys' fees and costs. On March 11, 2013, the Magistrate Judge entered a Findings and Recommendation denying the request. Defendants object to the Findings and Recommendation, arguing that Plaintiff's lawsuit was in the nature of assumpsit.

The Magistrate Judge's Findings and Recommendation is ADOPTED, and Plaintiff's objection is DENIED.

PROCEDURAL HISTORY

On January 18, 2013, Defendants OneWest Bank, FSB ("OneWest Bank") and Deutsche Bank National Trust Company ("Deutsche Bank") (collectively "Defendants") filed a Motion for Attorney's Fees and Costs. (ECF No. 114.)

On February 1, 2013, Defendants filed a Statement of Consultation. (ECF No. 118).

On February 25, 2013, a Notice of Withdrawal of Defendants' Request to Award Attorney Fees and Costs to Allen Matkins Leck Gamble Mallor and Natsis LLP was filed. (ECF No. 126.)

On March 11, 2013, the Magistrate Judge entered a Findings and Recommendation to Deny Defendants' Motion For An Award of Attorney's Fees and Costs. (ECF No. 128.)

On March 11, 2013, Plaintiff filed an Opposition to Defendants' Motion for Attorney's Fees and Costs. (ECF No. 131.) Plaintiff's Opposition was untimely filed in violation of Local Rule 7.4.

On March 29, 2013, Defendants filed a Reply to Plaintiff's untimely Opposition. (ECF No. 136.)

On March 25, 2013, the Court approved the parties' stipulation for an extension of time to file Defendants' Objection to the Magistrate Judge's Findings and Recommendation to March 29, 2013. (ECF No. 134.)

On March 29, 2013, Defendants filed an Objection to the Magistrate Judge's Findings and ...


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