Lyall v. U S Bank National Assocation et al

Filing 84

ORDER acknowledging plaintiff's untimely deposit of #1610.00 into the Court registry at 9:15am on 6/30/17; court instructs the clerk to set a date for a preliminary injunction hearing in this matter by Judge Richard A Jones. (RS)

THE HONORABLE JUDGE RICHARD A. JONES

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

)
)
Plaintiff,
)
)
v.
)
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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,
)
)
Defendants.
)
)

Case No: 17-00472-RAJ
ORDER

The Court acknowledges Plaintiff’s untimely deposit of $1,610.00 into the Court
registry at 9:15 a.m. on June 30, 2017. The Court had ordered Plaintiff to deposit the
funds into the Court’s registry no later than 11:59 p.m. on June 29, 2017. Dkt. # 73.
However, on June 28, 2017, the Clerk of Court informed Plaintiff that due to certain

ORDER - 1

administrative regulations, the Clerk may not accept payment later than 4:30 p.m. on June
29, 2017. Plaintiff acknowledged this earlier deadline and asked, hypothetically, whether
she could come as late as 4:25 p.m. The Clerk responded positively but reiterated that
4:30 p.m. was a strict deadline.
On June 29, 2017, Plaintiff called the Clerk at 4:22 p.m. explaining that due to
traffic she may miss the deadline to deposit the funds. When Plaintiff arrived at the
Court at 4:40 p.m., the Clerk informed her that the Court could not accept the funds.
Plaintiff returned to the Court early on June 29, 2017 and deposited $1,610.00 into the
Court registry.
The Court is unaware whether Defendants have taken action on the sale of
Plaintiff’s Shoreline property in light of Plaintiff’s untimely deposit into the Court
registry. With that caveat, the Court instructs the Clerk to set a date for a preliminary
injunction hearing in this matter.

Dated this 30th day of June, 2017.

A
The Honorable Richard A. Jones
United States District Judge

ORDER - 2