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Bund v. Safeguard Properties LLC

United States District Court, W.D. Washington, Seattle

January 12, 2018

JOHN R. BUND II, et al., Plaintiff,
v.
SAFEGUARD PROPERTIES LLC, Defendant.

          ORDER ON MOTION FOR SUMMARY JUDGMENT DISMISSAL OF CLAIMS BY HANOUSEK PLAINTIFFS

          Marsha J. Pechman, United States District Judge

         The above-entitled Court, having received and reviewed:

1. Defendant's Motion for Summary Judgment Dismissal of Claims by Plaintiffs Hanousek (Dkt. No. 119), Plaintiffs' Opposition to Defendant's Motion for Summary Judgment Dismissal of Claims by Plaintiffs Hanousek (Dkt. No. 133), Defendant's Reply in Support of Motion for Summary Judgment (Dkt. No. 135); and
2. Defendant's Supplement to Motion for Summary Judgment on Hanouseks' Claims (Dkt. No. 196), Plaintiffs' Response to Defendant's Supplement to Motion for Summary Judgment on Hanouseks' Claims (Dkt. No. 199), Defendant's Supplemental Reply Brief in Support of Motion for Summary Judgment on Hanouseks' Claims (Dkt. No. 201); all attached declarations and exhibits, and relevant portions of the record, rules as follows:

         IT IS ORDERED that the motion is GRANTED and the claims of the Hanousek plaintiffs are DISMISSED with prejudice.

         Background

         This motion is related to the above-entitled putative class action. Mandy and Garrett Hanousek (“the Hanouseks”) are named plaintiffs in the lawsuit. Defendant seeks summary judgment of dismissal regarding all the Hanouseks' claims. The following facts not disputed:

November 1, 2007 The Hanouseks took ownership of their home (the mortgage on which was held by non-party Nationstar).
September 2012After defaulting on their loan, Hanouseks moved elsewhere.
July 2, 2013Nationstar hired Assurant Field Services for “property preservation and inspection services.”[1] Assurant hired a vendor who changed the locks on the Hanouseks' home. Photographs of the interior of the home show two barstools belonging to the Hanouseks still in the home that day.
July 10, 2013A gas-cut vendor hired by Assurant took photographs of the exterior which show that the Hanouseks' grill was still on the back patio that day.
July 19, 2013The Hanouseks returned to the home and discovered that the two barstools and the grill were missing. They also discovered a sticker on the exterior of a window beside their front door. The sticker read:
We found this property to be vacated/abandoned. This information will be reported to the mortgage holder. The mortgage holder has the right and duty to protect this property. The property may be rekeyed and/or winterized within three days. If this property is NOT VACANT, please call Safeguard ...

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