Lyall v. U S Bank National Assocation et al

Filing 38

ORDER denying Plaintiff's 25 Motion to Vacate signed by Judge Richard A Jones. (PM)

THE HONORABLE JUDGE RICHARD A. JONES

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
MARTA D. LYALL,

)
)
Plaintiff,
)
)
v.
)
)
U.S. BANK NATIONAL
)
ASSOCIATION; TRUMAN TITLE 2013 )
SC3 TITLE TRUST; TRUMAN
)
CAPITAL ADVISORS, LP;
)
RUSHMORE LOAN MANAGEMENT )
SERVICES, LLC; BANK OF AMERICA, )
N.A.; DITECH HOME LOAN
)
SERVICING; CWABS MASTER
)
TRUST, REVOLVING HOME EQUITY )
LOAN ASSET BACKED NOTES,
)
SERIES 2004-"O"; CARNEGIE
)
MELLON UNIVERSITY; UNIVERSITY )
OF WASHINGTON; WASHINGTON
)
STATE DEPARTMENT OF
)
COMMERCE; DISPUTE RESOLUTION )
CENTER OF KING COUNTY; and
)
JOHN AND JANE DOES 1-100,
)
)

Case No: 17-00472-RAJ
ORDER

Defendants.
)
This matter comes before the Court on Plaintiff’s Motion to Vacate. Dkt. # 25.
The Motion is premised on Plaintiff’s belief that the Court was mistaken to conclude that
Plaintiff failed to check her spam folder, or failed to diligently prosecute her case. See,
generally, Dkt. # 25. Though Plaintiff did not make these statements in her Motion for

ORDER - 1

Extension of Time, Dkt. # 19, she did make these statements in her Notices to the Court.
Dkt. ## 17, 18. The Court was not mistaken; the Court merely reiterated statements made
to it by Plaintiff.
Even if the Court found that the Motion had merit, it could not grant the Motion in
light of Plaintiff’s Notice of Appeal. Dkt. # 23. Upon this notice, the Court was divested
of jurisdiction “over those aspects of the case involved in the appeal.” Stein v. Wood, 127
F.3d 1187, 1189 (9th Cir. 1997). Specifically, Plaintiff appeals the Court’s Order
granting Defendants’ Motion to Dismiss, and therefore the Court is divested of
jurisdiction to rule on the Motion to Vacate that Order.
For the foregoing reasons, the Court DENIES Plaintiff’s Motion to Vacate.
Dkt. # 25.
Dated this 9th day of June, 2017.

A
The Honorable Richard A. Jones
United States District Judge

ORDER - 2