United States District Court, W.D. Washington, Seattle
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
BARRAZA LAW, PLLC Vicente Omar Barraza, Esq., Attorneys for
STIPULATION AND ORDER FOR CONTINUANCE OF THE TRIAL
DATE AND PRETRIAL DATES
RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE
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.
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.
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.
November 14, 2017, the Court issued an Order setting the
relevant dates and deadlines, including the trial date, for
this matter. Dkt. #19.
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
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.
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
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 ...