STIPULATION AND [PROPOSED] ORDER FOR THE COURT TO RETAIN JURISDICTION FOR LIMITED PURPOSES OF ENFORCING SETTLEMENT

RICHARD SEEBORG, District Judge.

TO THE HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE THAT IT IS HEREBY STIPULATED by and between Plaintiffs Willie York and Carolyn York Miles (collectively, "Plaintiffs") and Defendants Nationstar Mortgage LLC doing business as Champion Mortgage Company erroneously sued as Champion Mortgage ("Champion"), and Bank of America, N.A. ("BANA") (collectively, "Defendants"), through their respective counsel of record, based upon the following recitals:

WHEREAS, Plaintiffs filed the matter of Willie York et al. v. Bank of America, N.A. et al., U.S. District Court for the Northern District of California, Case No. 3:14-cv-02471-RS, on or about May 29, 2014 alleging claims related to real property located at 80 Conkling Street, San Francisco, California 94124 (the "Subject Property") against Champion, BANA, and additional named defendants;

WHEREAS, the parties to this Stipulation, seeking to resolve this matter for their mutual benefit and to save judicial resources, are entering into an agreement to settle all claims asserted against the Defendants identified herein;

WHEREAS, the parties to this Stipulation are currently negotiating and finalizing the settlement agreement and all documents in support thereof;

WHEREAS, Plaintiffs currently intend to continue the litigation against the remaining named defendants who are not signatures to this Stipulation or the settlement;

WHEREAS, the parties to this Stipulation seek to ensure that the Court may retain jurisdiction to enforce all aspects of the Settlement and Release Agreement (and all documents thereto) between Plaintiffs and Defendants;

WHEREAS, in light of the foregoing and in the interest of judicial economy and preserving party resources and costs, the parties hereto agree that stipulating for the Court to retain jurisdiction in this matter, even after a dismissal with prejudice is filed, is warranted.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the Parties hereto, by and through their attorneys of record that:

1. Plaintiffs and Defendants are entering into and finalizing a confidential settlement which encompasses all claims asserted against Champion and BANA in the matter of Willie York et al. v. Bank of America, N.A. et al., U.S. District Court for the Northern District of California, Case No. 3:14-cv-02471-RS;

2. Plaintiffs and Defendants agree that both Champion and BANA will be dismissed with prejudice in accordance with the terms of their confidential settlement, if and when settlement is finalized;

3. Plaintiffs and Defendants agree and stipulate that the Court in the above-entitled action shall retain jurisdiction to enforce the settlement and all terms therein between Plaintiffs and Defendants hereto, even after a dismissal with prejudice is filed and even after litigation is completed, up to three (3) years after the eventual passing of Plaintiff Willie York;

4. None of the parties shall be determined to be the "prevailing party" in connection with any relief provided by this Stipulation;

5. This Stipulation shall not operate as a waiver of any other rights of Plaintiffs or Defendants under the law; and

6. This Stipulation may be executed in counterparts, all of which shall be taken together as one and the same Stipulation, and a photocopy, facsimile, or electronic record of this fully executed Stipulation may be used by the parties or the Court for all purposes in lieu of the original.

IT IS SO STIPULATED.

[PROPOSED] ORDER

PURSUANT TO THE STIPULATION OF THE PARTIES, THE COURT ORDERS AS FOLLOWS:

1. This Court shall reserve and retain jurisdiction in the above-entitled action for the limited purpose of enforcing the settlement and all terms therein, even after a dismissal with prejudice is filed, up to three (3) years after the eventual passing of Plaintiff Willie York.

IT IS SO ORDERED.