AMENDED STIPULATION REGARDING RELEASE OF FUNDS HELD BY COURT; [PROPOSED] ORDER

EDWARD M. CHEN, District Judge.

WHEREAS Plaintiff initiated this action on September 5, 2014 (Dckt. 1);

WHEREAS on September 11, 2014, Plaintiff filed an Ex Parte Application for Temporary Restraining Order, which was granted on September 12, 2014 (Dckt. 6-7; 15);

WHEREAS on October 10, 2014, the Court granted Plaintiffs' request for a Preliminary Injunction, enjoining the foreclosure sale of Plaintiff's property until further order by the Court. (Dckt. 30).

WHEREAS Pursuant to the Order, Plaintiff was required to submit $2,000 per month to the Court's registry as a condition of maintaining the Injunction Order. (Dckt. 30 at pp. 3, Ins. 7-10).

WHEREAS on August 4, 2015, this action was dismissed with prejudice pursuant to a settlement agreement entered into between the parties. (Dckt. 58-59). The court's prior preliminary injunction order was thus mooted and of no further legal effect as a result of the dismissal.

WHEREAS $10,000.00 in funds was deposited by Plaintiff into the Court's registry, per the Court's Order, which still remains in the Court's registry.

NOW THEREFORE the Parties hereby stipulate and agree to release to Plaintiff the funds held in the Court's registry pursuant to Northern District Case Number 3:14-cv-04059 EMC. The Parties stipulate to release of the funds and interest earned thereon to Plaintiff's counsel, made payable to Client Trust Account of Mellen Law Firm.

SO STIPULATED

ORDER

The Court, having reviewed the Parties' Stipulation and finding good cause to issue an Order thereon, hereby grants the Parties' stipulation to release to Plaintiff the funds and interest earned thereon, held in the Court's registry in Northern District Case Number 3:14-cv-04059 EMC. The funds and interest earned thereon shall be made payable to the Client Trust Account of Mellen Law Firm.

IT IS SO ORDERED.