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HSBC Bank USA, National Association v. Maccord

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

May 25, 2018

HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, Plaintiff,
v.
DONALD E. MACCORD et al., Defendants. DONALD E. MACCORD, Counterclaim Plaintiff,
v.
NATIONSTAR MORTGAGE, LLC, HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, Counterclaim Defendants.

          CORR CRONIN MICHELSON BAUMGARDNER FOGG &MOORE LLP Todd T. Williams, CORR CRONIN MICHELSON BAUMGARDNER FOGG & MOORE LLP Attorneys for Defendant/ Counterclaim Plaintiff Donald E. MacCord.

          MCCARTHY & HOLTHUS LLP Wendy L. Walter, MCCARTHY & HOLTHUS LLP Attorneys for Plaintiff HSBC Bank USA, National Association.

          WITHERSPOON ∙ KELLEY Daniel J. Gibbons, Attorneys for Counterclaim Defendants HSBC Bank USA, National Association, and Nationstar Mortgage LLC.

          STIPULATION AND ORDER TO EXTEND DISCOVERY AND DISPOSITIVE MOTION DEADLINES BY 30 DAYS

          RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE.

         STIPULATION

         Plaintiff/Counterclaim Defendant HSBC Bank USA, National Association, Counterclaim Defendant Nationstar Mortgage LLC, and Defendant/Counterclaim Plaintiff Donald E. MacCord (“Defendant/Counterclaim Plaintiff”) (collectively, the “Parties”), by and through their undersigned counsel, hereby stipulate to a 30 day extension of the discovery and dispositive motion deadlines enumerated in the Court's August 30, 2017 Order Setting Trial Date and Related Dates, and respectfully request that the Court enter an Order to extend said deadlines. In requesting this extension of time, the Parties hereby represent as follows.

         1. Defendant/Counterclaim Plaintiff removed this matter (“Litigation”) from King County Washington Superior Court, Case No. 16-2-26478-6 SEA, on June 6, 2017. ECF 1.

         2. On June 15, 2017, the Court entered its August 30, 2017 Order Setting Trial Date and Related Dates (“Order Setting Trial Date and Related Dates”) setting forth the trial date and deadlines regarding discovery, dispositive motions, and related pre-trial matters. ECF 25.

         3. The Parties engaged in mediating this matter on or about December 20, 2017, which mediation did not immediately resolve the Litigation, however defined their respective positions and led to the continued and ongoing attempt to settle this matter.

         4. After the mediation ended, it was determined that continued negotiations would require that the Parties ascertain the condition of the real property (“Property”) related to the Litigation.

         5. The Parties have continued to cooperate, and the Property was recently evaluated to facilitate the ongoing effort to resolve the Litigation.

         6. With the result of the evaluation of the Property only just becoming available, the Parties will require additional time to assess the impact of the condition of the Property on negotiations.

         7. The parties anticipate making additional progress with negotiations, and wish to focus their time and resources on settlement rather than discovery.

         8. In light of the ongoing settlement efforts, the Parties agree and hereby stipulate that a 30 day extension of the discovery and dispositive deadlines is ...


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