Not what you're
looking for? Try an advanced search.
Buy This Entire Record For
Bund v. Safeguard Properties LLC
United States District Court, W.D. Washington, Seattle
January 12, 2018
JOHN R. BUND II, et al., Plaintiff,
SAFEGUARD PROPERTIES LLC, Defendant.
ORDER ON MOTION FOR SUMMARY JUDGMENT DISMISSAL OF
CLAIMS BY HANOUSEK PLAINTIFFS
J. Pechman, United States District Judge
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:
ORDERED that the motion is GRANTED and the claims of the
Hanousek plaintiffs are DISMISSED with prejudice.
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
September 2012After defaulting on their
loan, Hanouseks moved elsewhere.
July 2, 2013Nationstar hired Assurant Field
Services for “property preservation and inspection
services.” 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 ...
Buy This Entire Record For