United States District Court, W.D. Washington, Tacoma
JAMES M. BREWSTER and KAORI T. BREWSTER, Plaintiffs,
SEASIDE TRUSTEE of WASHINGTON, INC., et al., Defendants.
ORDER DENYING PLAINTIFFS' MOTION FOR JUDGMENT ON
THE PLEADINGS, PERMANENT INJUNCTION, AND PRELIMINARY
INJUNCTION, DISSOLVING TEMPORARY RESTRAINING ORDER, AND
SETTING FORECLOSURE SALE
BENJAMIN H. SETTLE United States District Judge
matter comes before the Court on Plaintiffs James Brewster
and Kaori Brewster's (“Brewsters”) emergency
motion for preliminary injunction or judgment on the
pleadings (Dkt. 21). The Court has considered the pleadings
filed in support of and in opposition to the motion and the
remainder of the file and hereby denies the motion for the
reasons stated herein.
18, 2016, the Brewsters filed a complaint in Clark County
Superior Court for the State of Washington asserting numerous
causes of action against numerous defendants. Dkt. 1-1 at
August 19, 2016, Defendants Bayview Loan Servicing, LLC
(“Bayview”), Mortgage Electronic Registration
Systems, Inc. (“MERS”), and The Bank of New York
Mellon (“BNYM”) removed the matter to this Court.
August 26, 2016, Defendants Bayview, MERS, BNYM, and Seaside
Trustee of Washington, Inc. (“Defendants”)
answered the complaint. Dkt. 9. Relevant to the instant
motion, Defendants admitted paragraphs 4.9 and 4.11-4.16 in
the Brewsters' complaint. Id. at 6.
October 7, 2016, the Brewsters filed the instant motion and,
although not entirely clear, appear to be seeking a temporary
restraining order, a preliminary injunction, a permanent
injunction, and/or judgment on the pleadings. Dkt. 21. On
October 11, 2016, Defendants responded and, in a footnote,
requested amendment of the answer because the relevant
admissions were clerical error. Dkt. 25. On October 13, 2016,
the Brewsters replied. Dkt. 27.
October 13, 2016, Defendants moved to amend their answer.
Dkt. 28. On October 14, 2016, the Brewsters responded. Dkt.
October 17, 2016, the Court granted the Brewsters' motion
as to temporary relief because, based on the operative
pleadings, Defendants admitted that the statute of
limitations had run. Dkt. 33. The Court renoted the motion on
all other issues. Id.
November 28, 2016, the Court granted Defendants' motion
to amend their answer and requested whether the parties
needed additional briefing on the merits of the
Brewsters' pending motion for preliminary and permanent
injunction and for judgment on the pleadings. Dkt. 43. On
December 5, 2016, the parties submitted a joint status report
requesting deadlines for additional briefing. Dkt. 44.
December 13, 2016, the Brewsters filed a supplemental brief.
Dkt. 45. On December 23, 2016, Defendants replied. Dkt. 48.
December 2005, the Brewsters obtained a loan from Winstar
Mortgage Partners. Comp., ¶ 3.2. They executed a Note
secured by a Deed of Trust (“DOT”) naming the
original trustee as Fidelity National Title, and naming MERS
as the beneficiary and nominee for Winstar Mortgage Partners,
Inc. Id., ¶ 3.5.
about October 20, 2011, MERS recorded an Assignment of Deed
of Trust to BNYM, as Trustee for the Certificate-Holders of
CWMBS, Inc., Alternative Loan Trust 2006-OA1. Dkt. 26,
Declaration of Gerardo Trueba (“Trueba Decl.”),
¶ 5. Bayview serviced the loan on behalf of BNYM.
Id., ¶ 6. On November 16, 2015, ...