EXHIBIT Cl

I

i

BANK OF NEW YORK, as Trustee for the Certificateholders of ASSET BACKED

CWABS,INC CERTIFICATES ST,RIES 2OO5-AB3 Plaintiff(s),

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION ATLANTIC COLINTY DOCKET NO. F-10209-08

vs,

Civil Action

vtcToR o. UKPE, ET AL
Defendant(s).

ORDER RE,SOLVING MOTIONS, ETC.

THIS MATTER coming before the Court, January 16,2009,

at a conference

scheduled by the Court and as a result of Motions filed on behalf of both plaintiff and the Llkpe defendants, Brian Blake, Esquire appearing for plaintiff and Abigail B. Sullivan, Hsquire appearing for Ukpe defendants, and the Court having addressed the matter on the
r-ecord and having determined to enter this Order resolving the Motions in question and
iie

aiing luriher witir ihe management cf this prcceeding as nuted on the record;

IT IS ON T'HIS

2i't

day

of Januar;r.

2009" ORDERED:

1.

'fhis nratter is i;,'''t'b'; reirl;'i i,' :he Forcclosur:r h,iediatior ]}roqr;ilr as folloii,s. T'hi:, Complaini vuas fiied st,,rseqrient to January 1, 2008 an.l oet'endants are for a ilour;iiig: Counselcr. Defendants through N4s, Sullivan are to "-ligioie arrallge ior screerring throui:"t 1r:e hotline i..;ithin the next thirt-V (30) days. iiefendar-rts are also iij arrarr:r,e I'crthc tiirng of all documents required rinderthe ferms o1 tl're program. Defendants coi-insel is io provide plaintiff s counsel with confirmation as the matter proceeds. Court Statf in the -.'icinage will arrange for the scheduling of mediation after receiving appropriate requests and documentation through the Office of Foreclosure.

2.
3,

Plaintiff

s

Motion ibr summary judgment is denied.

Defendants' Motion to Jismiss based on alleged discovery violations is denied subject to the remaining terms of this Order dealing with discovery issues. Defenciants' Motion to dismiss on substantive grounds is denied subject to the terms of this Order schedulingl a plenary hearing related to the execution and notarization of the assignment. Defendants' counsel is again directed to arrarige for service of process on all third party defendants Defendants are specifically responsible for insuring that all third party defendants have filed Answers to the Third Party Complaint or have been defaulted by the time of the next proceeding before the Court now scheduled March 3,2009. To the extent that has not been done, the Third Party Complaint will be subject to dismissal at that conference.

4.

5.

6.

Plaintiff is to provide defendants' counsel with copies of the schedules to the Pooling Agreement by February 13,2009, subject to the following terms. Plaintiff may redact from those schedules any references to other mortgagors or debtors, Plaintiff may also redact other information deems proprietary or privileged, provided that piaintiff must simultaneously provide a brief written description of tlie material so redacted. Plaintiff is to provide defendants' counsel with responses to Demands for Production of Documents numbered 4,7,9, 11, 14,15 and27, provided that the response to Demand 15 need not include documentation regarding the process of ratings generally. The additional document production is to be completed by March 13,2009. Plaintiff and the Ukpe defendants may conduct additional depositions issues presented between them through February 27 ,2009.
as to the

7.

8.

9.

A plenary hearing is hereby scheduled to consider the issues raised by defendants with respect to the assignment of the mortgage and the notarization of Mr. Hallinan's signature on the assignment, That hearing is scheduled at 9:30 a.m., March 3, 2009 in Atlantic City, Plaintiff is required to produce Mr. Hallinan and the notary for that hearing. In addition, plaintifls counsel is to provide defendants' counsel with a copy of the notarization logs at least one week prior to the hearing and is further to arrange for the production of the original log at the hearing itself. An additional management conference will be conducted at the time of the March 3,2009 hearing.

10.

D,

III,

P.J.Ch.

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