STIPULATION OF NON-MONETARY STATUS OF DEFENDANT NDEx WEST, LLC 

CASE NO. 3:09-cv-02654-CRB 

-1- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

CHERYL BOWER, an individual, 

 Plaintiff, vs. 

WELLS FARGO BANK, N.A. dba ASC, 

America’s Servicing Company; THE CALBAY MORTGAGE GROUP, a California 

Corporation; NDEX WEST LLC, a Delaware 

Limited Liability Company; and DOES 1-25, 

inclusive, 

 

 Defendants. 

 CASE NO. 3:09-cv-02654-CRB 

 

 

STIPULATION OF NONMONETARY STATUS OF 

DEFENDANT NDEx WEST, LLC 

& (Proposed) ORDER

[NO HEARING REQUIRED] 

THOMAS K. AGAWA 

State Bar No. 175952 

BARRETT DAFFIN FRAPPIER 

TREDER & WEISS, LLP 

20955 Pathfinder Road, Suite 300 

Diamond Bar, CA 91765 

 (626) 915-5714 – Phone 

(626) 915-0289 – Fax 

thomasa@bdfgroup.com

File No. 20090134000828 

Attorneys for Defendant NDEx WEST, LLC 

Case 3:09-cv-02654-CRB Document 37 Filed 07/12/10 Page 1 of 3
STIPULATION OF NON-MONETARY STATUS OF DEFENDANT NDEx WEST, LLC 

CASE NO. 3:09-cv-02654-CRB 

-2- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

STIPULATION

IT IS HEREBY STIPULATED by and between plaintiff CHERYL BOWER 

(“Plaintiff”) and defendant NDEx WEST, LLC (“Defendant NDEx WEST, LLC”), through 

their undersigned attorneys of record, that an order be entered in this action as follows: 

1. Plaintiff’s claims in this action arise from the origination and/or servicing of a 

residential mortgage loan and primarily affect Plaintiff, Plaintiff’s original mortgage lender, 

its successor(s)-in-interest, and/or the loan servicing agent(s) for such mortgage lender(s). 

Defendant NDEx WEST, LLC had no involvement in the origination or servicing of the 

subject mortgage loan and has been joined as a defendant based upon its limited role in 

handling a non-judicial foreclosure as agent for the mortgage lender(s) and/or as successor 

trustee under the subject Deed of Trust and solely for the purpose of having all necessary 

parties before the Court. 

2. Plaintiff does not assert any claims for monetary relief against Defendant NDEx 

WEST, LLC, and Plaintiff’s Complaint does not allege any misconduct on Defendant NDEx 

WEST, LLC’s part in the performance of its duties and/or in its handling of the non-judicial 

foreclosure as agent for the mortgage lender(s) and/or as successor trustee under the subject 

Deed of Trust. Defendant NDEx WEST, LLC shall have no liability to Plaintiff for any 

monetary damages, attorney’s fees or costs of suit. 

3. Defendant NDEx WEST, LLC agrees to be bound by any non-monetary 

judgment or order that may be entered by the Court concerning (a) ownership and title to the 

subject real property, (b) the validity, enforceability and priority of the subject Deed of Trust, 

and/or (c) the non-judicial foreclosure proceeding. 

/// 

Case 3:09-cv-02654-CRB Document 37 Filed 07/12/10 Page 2 of 3
STIPULATION OF NON-MONETARY STATUS OF DEFENDANT NDEx WEST, LLC 

CASE NO. 3:09-cv-02654-CRB 

-3- 

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

3. Subject to further orders of the Court, NDEx shall not be required to participate 

any further in the action or proceeding, shall not be subject to any monetary awards as and for 

damages, attorneys' fees or costs, shall be required to respond to any discovery requests as a 

nonparty, and shall be bound by any court order relating to the subject deed of trust that is the 

subject of the action or proceeding. 

SO STIPULATED.

 For Plaintiff 

HENRICKSON LEGAL SERVICES 

Dated: By: s/John Hendrickson 

 JOHN HENDRICKSON, Attorney for Plaintiff 

CHERYL BOWER 

 For Defendant NDEx WEST, LLC 

BARRETT DAFFIN FRAPPIER TREDER & 

WEISS, LLP 

Dated: By: s/Thomas K. Agawa 

 THOMAS K. AGAWA, Attorney for Defendant 

NDEx WEST, LLC 

ORDER

GOOD CAUSE APPEARING THEREFORE, PURSUANT TO STIPULATION, IT 

IS SO ORDERED. 

Dated: By:

 Hon. 

Judge/Commissioner for the U.S. District Court for 

the Northern District of California 

July 12, 2010

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

IT IS SO ORDERED

Judge Charles R. Breyer

Case 3:09-cv-02654-CRB Document 37 Filed 07/12/10 Page 3 of 3