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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,
v.
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

         I. INTRODUCTION

         This 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.

         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, 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 County, Washington.
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. military.
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 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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