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Gustavo Ayala & Nilsa Ayala v. Assured Lending Corporation

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


June 27, 2011

GUSTAVO AYALA & NILSA AYALA, PLAINTIFFS,
v.
ASSURED LENDING CORPORATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Jerome B. Simandle

ORDER

This matter having come before the Court upon Defendant Countrywide Home Loans, Inc.'s summary judgment motion [Docket Item 24]; Defendants Bahaa Batros and The Prudential Insurance Company of America's summary judgment motion [Docket Item 25]; and Plaintiffs' summary judgment motion on their claims against Home Site Insurance Company [Docket Item 26]; the Court having considered the submissions of the parties; for the reasons explained in the Opinion of today's date; and for good cause shown;

IT IS this 27th day of June, 2011 hereby ORDERED that Countrywide's motion for summary judgment [Docket Item 24] is GRANTED IN PART as to Counts I, II, VI, that part of Count XV dealing with negligence, and as to its counterclaim for entry of judgment against Plaintiffs in the amount of $61,628.02, and is OTHERWISE DENIED IN PART; and it is further ORDERED that Defendants Bahaa Batros and The Prudential Insurance Company of America's summary judgment motion [Docket Item 25] is DENIED; and it is further ORDERED that Plaintiffs' summary judgment motion on their claims against Home Site Insurance Company [Docket Item 26] is DENIED; and it is further ORDERED that if Home Site intends to seal Exhibits A and B to its opposition to Plaintiffs' motion for summary judgment, Home Site must submit a motion pursuant to Local Civil Rule 5.3 within fourteen (14) days of this Order. If no motion is received, the exhibits will be unsealed.

JEROME B. SIMANDLE United States District Judge

20110627

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