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Santos v. U.S Bank National Association

United States District Court, W.D. Washington

February 14, 2017

BRIAN H. SANTOS, Plaintiff,
v.
U.S. BANK NATIONAL ASSOCIATION, et al., Defendants.

          ORDER GRANTING PLAINTIFF'S MOTION TO STAY AND STRIKING DEFENDANT U.S. BANK NATIONAL'S MOTION TO COMPEL

          RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This matter comes before the Court on Defendant U.S. Bank National Association's (“U.S. Bank”) Motion to Compel Discovery (Dkt. #16) and Plaintiff's Motion for Stay of Proceedings (Dkt. #24). The Court has reviewed both motions and their attendant briefing. For the reasons set forth herein, the Court now GRANTS Plaintiff's motion, stays this matter, and STRIKES Defendant's motion to compel subject to its renewal upon expiration of the stay.

         II. BACKGROUND

         Plaintiff, Brian Santos, initially filed his Complaint for Damages in King County Superior Court. Dkt. #4. Defendants removed the action to this Court on March 25, 2016. Dkt. #1. Plaintiff alleges that:

3.2 At all times material and relevant hereto [he] was an active duty member of the United States Air Force.
3.3 At all times material and relevant hereto, [his] then-wife was also an active duty member of the United States Air Force.
3.4 Defendant U.S. BANCORP, doing business as U.S. Bank and U.S. Bank Home Mortgage, holds the mortgage to [his] home located at 19007 SE 260th Street in Covington, King County, Washington.
3.5 On or about September 1, 2012, [he] spoke with Jordan Clark of Defendant U.S. BANCORP, d/b/a U.S. Bank, regarding his active duty status to ensure his home would be protected while he was deployed.
3.6 On said occasion, Jordan Clark assured [him] that he was protected under the Servicemembers Civil Relief Act (SCRA) and no negative action would be taken against him by the bank for any missed mortgage payments.
3.7 On or about September 11, 2012, Jill Payne, E-mail Representative of the Special Loans Department of Defendant U.S. BANCORP emailed [him] and advised him that the SCRA did apply to his mortgage on the subject property and should he become delinquent on his mortgage payments, the bank could not take action against him.
3.8 On or about September 16, 2012, [he] responded to Jill Payne's email seeking further confirmation that he was fully enrolled in the program ensuring his protection under the SCRA and advised Ms. Payne that Jordan Clark had previously assured him that U.S. BANCORP, d/b/a U.S. Bank, would fully exonerate him for any missed mortgage payments and asked Ms. Payne for confirmation this statement by Jordan Clark was indeed true.
3.9 On or about September 17, 2012, Jill Payne responded to [his] email and confirmed his accounts with U.S. Bank were “set up in accordance with the Servicemembers Civil Relief Act through [his] September 1, 2014, payment.” She went on to state, “. . . you will not accrue any late charges through this date and we will not report you to the credit bureaus through November 28, 2013.” Ms. Payne further confirmed that “[d]uring [his] period of active duty and for nine months thereafter, [he would] not be in danger of foreclosure...” and advised him that “[a]s of today, neither loan is being reviewed for foreclosure, so ... [he was] not going to lose [his] home.” 3.10 On or about November 27, 2012, Defendant U.S. BANCORP, by and through Jessica Brazier, Special Loans Specials with U.S. Bank's Special Loans Department, sent [him] a letter again confirming his protection under the SCRA based upon his active duty status in the U.S. military.
3.11 Defendant U.S. BANCORP employed Defendant SAFEGUARD PROPERTIES to winterize Plaintiff's Covington home and, upon information and belief, hired Defendant SAFEGUARD PROPERTIES to perform this work less than one month after Plaintiff had received the written confirmation of November 27, 2012, that he was subject to SCRA protections.
3.12 Upon information and belief, when Defendant U.S. BANCORP hired Defendant SAFEGUARD PROPERTIES to winterize Plaintiff's home, Defendant U.S. BANCORP, by and through its duly authorized agents or employees, informed Defendant SAFEGUARD PROPERTIES that Plaintiff's mortgage was in default and that the subject residence was an asset of the bank and therefore needed winterization to preserve said asset.
3.13 Defendant SAFEGUARD PROPERTIES then hired Defendant QUEST PRESERVATION to perform said winterization.
3.14 Defendant QUEST PRESERVATION hired Bryan Anderson to complete the winterization of Plaintiff's home in ...

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