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Diffley v. Nationstar Mortgage, LLC

United States District Court, W.D. Washington, Seattle

March 30, 2018

BRETT DIFFLEY, an unmarried man, Plaintiff,
v.
NATIONSTAR MORTGAGE LLC, a foreign corporation, QUALITY LOAN SERVICE CORPORATION OF WASHINGTON, a Washington corporation, WELLS FARGO BANK, N.A., as Trustee For Structured Adjustable Rate Mortgage Loan Trust, Series 2007-3, Defendants.

          WITHERSPOON ∙ KELLEY Michael J. Kapaun, Esq., Attorneys for Defendants Bank of America, N.A.; The Bank of New York Mellon, fka The Bank of New York, as Trustee for the Certificateholders of CWMBS, Inc., CHL Mortgage Pass-Through 2007-10

          BARRAZA LAW, PLLC Vicente Omar Barraza, Esq., Attorneys for Plaintiff

          STIPULATION AND ORDER FOR CONTINUANCE OF THE TRIAL DATE AND PRETRIAL DATES

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         Plaintiff Brett Diffley (“Plaintiff') and Defendants Nationstar Mortgage LLC (“Nationstar”) and Wells Fargo Bank, N.A., as Trustee For Structured Adjustable Rate Mortgage Loan Trust, Series 2007-3, (“Wells Fargo”), hereby respectfully submit this Stipulation and Proposed Order for Continuance of the Trial Date and Pretrial Dates for the good cause stated herein. Nationstar and Wells Fargo and Plaintiff have continued good faith efforts to resolve this case efficiently through settlement and hereby stipulate and request that the trial date, and all other related deadlines, be extended approximately ninety (90) days to facilitate further settlement discussions amongst the parties.

         II. BACKGROUND

         Plaintiff filed suit against Defendants in the United States District Court for the Western District of Washington on or about September 13, 2017. Dkt. #1. The Complaint relates to allegations surrounding the foreclosure and servicing of Plaintiff's mortgage loan on real property located in King County, Washington. Defendants filed Motions to Dismiss on October 16, 2017, and October 27, 2017, respectively. Dkt. #11 and Dkt. #17. On December 6, 2017, the Court issued an Order denying in part and granting in part the Motion to Dismiss and granted leave to Plaintiff to file an amended complaint. Dkt. #22.

         Plaintiff's First Amended Complaint was filed on December 20, 2017. Dkt. #23. On January 12, 2018, Defendants filed a Motion to Dismiss. Dkt. #24. That motion has been fully submitted and the Parties are currently awaiting a decision.

         On November 14, 2017, the Court issued an Order setting the relevant dates and deadlines, including the trial date, for this matter. Dkt. #19.

         This is the first requested continuance of the trial date and other pretrial dates that were first set on November 14, 2017. Since the initiation of this litigation Plaintiff and Nationstar and Wells Fargo have engaged in settlement discussions during the extensive pleading practice and Plaintiff has recently increased made significant strides towards resolution.

         Further, counsel for Nationstar and Wells Fargo is in the Army Reserves and will be out of the country for three weeks. During that time, the Parties will be unable to engage in further settlement negotiations or conduct discovery.

         The parties request additional time to conduct discovery due to counsel's unavailability and for settlement discussions to resolve, if possible. If settlement is determined to be not feasible, both parties will need additional time to complete discovery.

         III. STIPULATION

         Nationstar and Wells Fargo and Plaintiff have been engaging in settlement discussions aimed at resolving this case. The parties feel that settlement negotiations have been productive and believe that further negotiations could resolve this matter without resorting to trial. Counsel for Nationstar and Wells Fargo will be out of the country serving in the Army Reserves and will be unavailable to conduct discovery. In the interest of conserving the Court's and the Parties' resources, the Parties have sought to avoid unnecessary discovery and motions practice. Accordingly, the Parties respectfully request an extension of the trial and related deadlines to allow the Parties adequate time to attempt to resolve this matter through ...


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