McDonald v. OneWest Bank, FSB et al

Filing 137

ORDER granting pltf's 105 Motion for Reconsideration by Judge Robert S. Lasnik.(RS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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_______________________________________
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JAMES MCDONALD,
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Plaintiff,
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v.
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ONEWEST BANK, FSB, et al.,
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Defendants.
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_______________________________________)

No. C10-1952RSL
ORDER GRANTING
RECONSIDERATION

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This matter comes before the Court on plaintiff’s timely “Motion for

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Reconsideration [of] Order Denying FCRA Claim in Amended Complaint.” Dkt. # 105. On

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February 21, 2012, the Court granted in part plaintiff’s motion to amend his complaint, but

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found that the proposed Fair Credit Reporting Act (“FCRA”) claim would be futile because

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plaintiff had failed to allege that he disputed the foreclosure with a credit reporting agency

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and/or that the credit reporting agency provided notice of the dispute to OneWest.

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Plaintiff acknowledges that his proposed allegations regarding the FCRA claim

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were deficient, but states that he did, in fact, notify the three credit reporting agencies of his

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dispute with OneWest and that, pursuant to 15 U.S.C. § 1681i(a)(2)(A), the credit reporting

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agencies were required to provide notice of the dispute to OneWest within five business days.

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Plaintiff may, within seven days of the date of this order, file a second amended complaint that

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includes the necessary allegations to support his FCRA claim.

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ORDER GRANTING RECONSIDERATION

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In light of this newly-added claim, the parties shall confer to determine whether a
further extension of the remaining case management deadlines is appropriate. If the parties are
in agreement regarding the need for an extension, a stipulation setting forth a new discovery
deadline or trial date may be submitted to the Court for consideration.
Dated this 19th day of April, 2012.

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A

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Robert S. Lasnik
United States District Judge

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ORDER GRANTING RECONSIDERATION

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