HSBC Bank USA, National Association v. MacCord et al
Filing
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STIPULATION AND ORDER to Extend Discovery and Dispositive Motion Deadlines re parties' 29 Stipulation: Discovery completed by 8/22/2018, Dispositive motions due by 9/20/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/22/2018, Motions due by 7/23/2018, by Judge Ricardo S Martinez. (SWT)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
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HSBC BANK USA, NATIONAL
ASSOCIATION AS TRUSTEE FOR THE J.P.
MORGAN ALTERNATIVE LOAN TRUST
2006-A7,
Plaintiff,
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CASE NO. 2:17-cv-00877-RSM
STIPULATION AND ORDER TO
EXTEND DISCOVERY AND
DISPOSITIVE MOTION DEADLINES
BY 30 DAYS
v.
DONALD E. MACCORD et al.,
NOTING DATE:
May 24, 2018
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Defendants.
DONALD E. MACCORD,
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Counterclaim Plaintiff,
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v.
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NATIONSTAR MORTGAGE, LLC, HSBC
BANK USA, NATIONAL ASSOCIATION AS
TRUSTEE FOR THE J.P. MORGAN
ALTERNATIVE LOAN TRUST 2006-A7,
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Counterclaim Defendants.
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STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES BY 30 DAYS - 1
Case No. 2:17-cv-00877-RSM
{S1707242}
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300
Phone: 509.624.5265
Fax: 509.458.2728
STIPULATION
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Plaintiff/Counterclaim Defendant HSBC Bank USA, National Association, Counterclaim
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Defendant Nationstar Mortgage LLC, and Defendant/Counterclaim Plaintiff Donald E. MacCord
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(“Defendant/Counterclaim Plaintiff”) (collectively, the “Parties”), by and through their
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undersigned counsel, hereby stipulate to a 30 day extension of the discovery and dispositive
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motion deadlines enumerated in the Court’s August 30, 2017 Order Setting Trial Date and Related
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Dates, and respectfully request that the Court enter an Order to extend said deadlines. In
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requesting this extension of time, the Parties hereby represent as follows.
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1.
Defendant/Counterclaim Plaintiff removed this matter (“Litigation”) from King
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County Washington Superior Court, Case No. 16-2-26478-6 SEA, on June 6, 2017. ECF 1.
2.
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On June 15, 2017, the Court entered its August 30, 2017 Order Setting Trial Date
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and Related Dates (“Order Setting Trial Date and Related Dates”) setting forth the trial date and
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deadlines regarding discovery, dispositive motions, and related pre-trial matters. ECF 25.
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3.
The Parties engaged in mediating this matter on or about December 20, 2017, which
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mediation did not immediately resolve the Litigation, however defined their respective positions
and led to the continued and ongoing attempt to settle this matter.
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4.
After the mediation ended, it was determined that continued negotiations would
require that the Parties ascertain the condition of the real property (“Property”) related to the
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Litigation.
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5.
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The Parties have continued to cooperate, and the Property was recently evaluated
to facilitate the ongoing effort to resolve the Litigation.
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STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES BY 30 DAYS - 2
Case No. 2:17-cv-00877-RSM
{S1707242}
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300
Phone: 509.624.5265
Fax: 509.458.2728
6.
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With the result of the evaluation of the Property only just becoming available, the
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Parties will require additional time to assess the impact of the condition of the Property on
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negotiations.
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7.
The parties anticipate making additional progress with negotiations, and wish to
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focus their time and resources on settlement rather than discovery.
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In light of the ongoing settlement efforts, the Parties agree and hereby stipulate
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that a 30 day extension of the discovery and dispositive deadlines is needed to work toward the
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resolution of this matter.
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9.
This matter is set for trial on November 19, 2018, and the Parties do not anticipate
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that the 30 day extension requested herein will delay trial.
10.
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Accordingly, the parties propose to extend the dates set forth in the Order Setting
Trial Date and Related Dates as follows:
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EVENT
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Disclosure of expert
testimony under FRCP
26(a)(2)
Deadline for filing motions
related to discovery
Discovery completed by
Dispositive Motion
Deadline
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CURRENT
DEADLINE
May 23, 2018
PROPOSED
DEADLINE
June 22, 2018
June 22, 2018
July 23, 2018
July 23, 2018
August 21, 2018
August 22, 2018
September 20, 2018
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11.
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party will suffer prejudice from the extension of time requested herein.
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The Parties are not seeking this extension of time for the purpose of delay, and no
WHEREFORE, the Parties hereby stipulate and respectfully request that the Court enter
an Order to extend the above-listed deadlines set forth in the Court’s August 30, 2017 Order
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STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES BY 30 DAYS - 3
Case No. 2:17-cv-00877-RSM
{S1707242}
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300
Phone: 509.624.5265
Fax: 509.458.2728
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Setting Trial Date and Related Dates, and that the new deadlines be set as provided herein above,
or for such dates as may be convenient for the Court.
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Dated: May 23, 2018
Dated: May 23, 2018
CORR CRONIN MICHELSON
BAUMGARDNER FOGG &MOORE
LLP
WITHERSPOON ∙ KELLEY
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s/ Daniel Gibbons
s/ Todd T. Williams
Todd T. Williams, WSBA #29424
CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE
LLP
1001 4th Ave., Ste. 3900
Seattle, WA 98154-1051
Telephone: (206) 274-8669
twilliams@corrcronin.com
Attorneys for Defendant/
Counterclaim Plaintiff
Donald E. MacCord
Dated: May 24, 2018
Daniel J. Gibbons, WSBA# 33036
WITHERSPOON ∙ KELLEY
422 West Riverside Avenue, Suite 1100
Spokane, WA 99201-0300
Telephone: (509) 624-5265
Facsimile: (509) 458-2728
djg@witherspoonkelley.com
Attorneys for Counterclaim Defendants HSBC
Bank USA, National Association, and
Nationstar Mortgage LLC
MCCARTHY & HOLTHUS LLP
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s/ Wendy L. Walter
Wendy L. Walter, WSBA #33809
MCCARTHY & HOLTHUS LLP
108 1st Ave. S., Ste. 300
Seattle, WA 98104
Telephone: (206) 319-9100 ext. 543
wwalter@mccarthyholthus.com
Attorneys for Plaintiff HSBC Bank USA,
National Association
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STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES BY 30 DAYS - 4
Case No. 2:17-cv-00877-RSM
{S1707242}
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300
Phone: 509.624.5265
Fax: 509.458.2728
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ORDER
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Plaintiff/Counterclaim Defendant HSBC Bank USA, National Association, Counterclaim
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Defendant Nationstar Mortgage, LLC, and Defendant/Counterclaim Plaintiff Donald E. MacCord
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having stipulated to extend certain dates set forth in this Court’s August 30, 2017 Order Setting
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Trial Date and Related Date for a period of thirty (30) days, NOW THEREFORE for good cause
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shown, it is hereby ORDERED, ADJUDGED, and DECREED that the below-listed dates set
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forth in the Court’s August 30, 2017 Order be, and hereby are, extended for thirty days as follows:
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EVENT
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Disclosure of expert
testimony under FRCP
26(a)(2)
Deadline for filing motions
related to discovery
Discovery completed by
Dispositive Motion
Deadline
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CURRENT
DEADLINE
May 23, 2018
NEW DEADLINE
June 22, 2018
June 22, 2018
July 23, 2018
July 23, 2018
August 21, 2018
August 22, 2018
September 20, 2018
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Dated this 25th day of May, 2018.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES BY 30 DAYS - 5
Case No. 2:17-cv-00877-RSM
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300
Phone: 509.624.5265
Fax: 509.458.2728
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Presented by:
WITHERSPOON ∙ KELLEY
s/ Daniel Gibbons
Daniel J. Gibbons, WSBA# 33036
WITHERSPOON ∙ KELLEY
422 West Riverside Avenue, Suite 1100
Spokane, WA 99201-0300
Telephone: (509) 624-5265
Facsimile: (509) 458-2728
djg@witherspoonkelley.com
Attorneys for Counterclaim Defendants HSBC
Bank USA, National Association, and
Nationstar Mortgage LLC
MCCARTHY & HOLTHUS LLP
s/ Wendy L. Walter
Wendy L. Walter, WSBA #33809
MCCARTHY & HOLTHUS LLP
108 1st Ave. S., Ste. 300
Seattle, WA 98104
Telephone: (206) 319-9100 ext. 543
wwalter@mccarthyholthus.com
Attorneys for Plaintiff HSBC Bank USA, National Association
Agreed as to Form; Presentment Waived:
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CORR CRONIN MICHELSON
BAUMGARDNER FOGG &MOORE
LLP
s/ Todd T. Williams
Todd T. Williams, WSBA #29424
CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE
LLP
1001 4th Ave., Ste. 3900
Seattle, WA 98154-1051
Telephone: (206) 274-8669
twilliams@corrcronin.com
Attorneys for Defendant/
Counterclaim Plaintiff
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STIPULATION AND ORDER TO EXTEND
DISCOVERY AND DISPOSITIVE MOTION
DEADLINES BY 30 DAYS - 6
Case No. 2:17-cv-00877-RSM
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300
Phone: 509.624.5265
Fax: 509.458.2728
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