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Santos v. U.S. Bank National Association
United States District Court, W.D. Washington, Seattle
December 20, 2017
BRIAN H. SANTOS, Plaintiff,
U.S. BANK NATIONAL ASSOCIATION, et al., Defendants.
ORDER GRANTING DEFENDANT U.S. BANK NATIONAL'S
MOTION TO COMPEL
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendant U.S. Bank National
Association's (“U.S. Bank”) Second Motion to
Compel Discovery. Dkt. #43. Plaintiff opposes the motion,
arguing that in large part it is unnecessary. Dkt. #47. The
Court has reviewed the motion, along with the remainder of
the record. For the reasons set forth herein, the Court now
GRANTS Defendant's motion to compel.
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
3.2 At all times material and relevant hereto, Plaintiff
BRIAN H. SANTOS was an active duty member of the United
States Air Force.
3.3 At all times material and relevant hereto,
Plaintiff's then-wife was also an active duty member of
the United States Air Force.
3.4 Defendant U.S. BANK, doing business as U.S. Bank and U.S.
Bank Home Mortgage, holds the mortgage to Plaintiff's
home located at 19007 SE 2601h Street in Covington, King
3.5 On or about September 1, 2012, Plaintiff BRIAN H. SANTOS
spoke with Jordan Clark of Defendant 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 Plaintiff 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. BANK emailed Plaintiff 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, Plaintiff BRIAN H. SANTOS
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. 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
Plaintiff's 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
[Plaintiff's] 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. BANK, by
and through Jessica Brazier, Special Loans Specialist with
U.S. Bank's Special Loans Department, sent Plaintiff
BRIAN H. SANTOS a letter again confirming his protection
under the SCRA based upon his active duty status in the U.S.
3.11 Defendant U.S. BANK 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. BANK
hired Defendant SAFEGUARD PROPERTIES to winterize
Plaintiff's home, Defendant U.S. BANK, 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
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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