Lyall v. U S Bank National Assocation et al

Filing 91

ORDER granting defendant UW's 34 Motion to Dismiss for Failure to State a Claim signed 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.
)
)
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 Defendant University of Washington’s
(“UW”) Motion to Dismiss. Dkt. # 34. On June 14, 2017, the Court warned Plaintiff that
if she chooses to respond to UW’s Motion, she must do so no later than June 26, 2017.
Dkt. # 48. Plaintiff did not file a response in opposition to the Motion, and the Court

ORDER - 1

granted the Motion. Dkt. # 68.
On June 27, 2017, Plaintiff filed a letter seeking reconsideration of this
determination, stating that she suffered injuries the day before the deadline to respond
and therefore could not complete her brief. Dkt. ## 70, 79. In light of her injuries, the
Court granted Plaintiff an extension, requiring her to respond to the Motion no later than
July 6, 2017. Dkt. # 81.
Plaintiff has now had ample time to respond to the Motion yet has chosen not to
do so. The Court considers Plaintiff’s failure to respond—twice—as an admission that
the Motion has merit. Local Rules W.D. Wash. LCR 7(b)(2). This is a procedural
determination; the Court refrains from commenting on the underlying merits of the
Motion.
Accordingly, UW’s Motion is GRANTED. Dkt. # 34.
Dated this 12th day of July, 2017.

A
The Honorable Richard A. Jones
United States District Judge

ORDER - 2