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)

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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, ) ) 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

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