HSBC Bank USA, National Association v. MacCord et al

Filing 30

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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 6 7 8 9 10 HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, Plaintiff, 11 12 13 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 14 15 Defendants. DONALD E. MACCORD, 16 17 Counterclaim Plaintiff, 18 v. 19 21 NATIONSTAR MORTGAGE, LLC, HSBC BANK USA, NATIONAL ASSOCIATION AS TRUSTEE FOR THE J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A7, 22 Counterclaim Defendants. 20 23 24 25 26 27 28 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 1 2 Plaintiff/Counterclaim Defendant HSBC Bank USA, National Association, Counterclaim 3 Defendant Nationstar Mortgage LLC, and Defendant/Counterclaim Plaintiff Donald E. MacCord 4 (“Defendant/Counterclaim Plaintiff”) (collectively, the “Parties”), by and through their 5 6 undersigned counsel, hereby stipulate to a 30 day extension of the discovery and dispositive 7 motion deadlines enumerated in the Court’s August 30, 2017 Order Setting Trial Date and Related 8 Dates, and respectfully request that the Court enter an Order to extend said deadlines. In 9 requesting this extension of time, the Parties hereby represent as follows. 10 1. Defendant/Counterclaim Plaintiff removed this matter (“Litigation”) from King 11 12 County Washington Superior Court, Case No. 16-2-26478-6 SEA, on June 6, 2017. ECF 1. 2. 13 On June 15, 2017, the Court entered its August 30, 2017 Order Setting Trial Date 14 and Related Dates (“Order Setting Trial Date and Related Dates”) setting forth the trial date and 15 deadlines regarding discovery, dispositive motions, and related pre-trial matters. ECF 25. 16 3. The Parties engaged in mediating this matter on or about December 20, 2017, which 17 18 19 mediation did not immediately resolve the Litigation, however defined their respective positions and led to the continued and ongoing attempt to settle this matter. 20 21 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 22 Litigation. 23 5. 24 25 The Parties have continued to cooperate, and the Property was recently evaluated to facilitate the ongoing effort to resolve the Litigation. 26 27 28 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. 1 With the result of the evaluation of the Property only just becoming available, the 2 Parties will require additional time to assess the impact of the condition of the Property on 3 negotiations. 4 7. The parties anticipate making additional progress with negotiations, and wish to 5 6 focus their time and resources on settlement rather than discovery. 8. 7 In light of the ongoing settlement efforts, the Parties agree and hereby stipulate 8 that a 30 day extension of the discovery and dispositive deadlines is needed to work toward the 9 resolution of this matter. 10 9. This matter is set for trial on November 19, 2018, and the Parties do not anticipate 11 12 that the 30 day extension requested herein will delay trial. 10. 13 14 Accordingly, the parties propose to extend the dates set forth in the Order Setting Trial Date and Related Dates as follows: 15 EVENT 16 Disclosure of expert testimony under FRCP 26(a)(2) Deadline for filing motions related to discovery Discovery completed by Dispositive Motion Deadline 17 18 19 20 21 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 22 11. 23 24 party will suffer prejudice from the extension of time requested herein. 25 26 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 27 28 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 1 2 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. 3 4 Dated: May 23, 2018 Dated: May 23, 2018 CORR CRONIN MICHELSON BAUMGARDNER FOGG &MOORE LLP WITHERSPOON ∙ KELLEY 5 6 7 8 9 10 11 12 13 14 15 16 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 17 18 19 20 21 22 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 23 24 25 26 27 28 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 1 ORDER 2 Plaintiff/Counterclaim Defendant HSBC Bank USA, National Association, Counterclaim 3 4 Defendant Nationstar Mortgage, LLC, and Defendant/Counterclaim Plaintiff Donald E. MacCord 5 having stipulated to extend certain dates set forth in this Court’s August 30, 2017 Order Setting 6 Trial Date and Related Date for a period of thirty (30) days, NOW THEREFORE for good cause 7 shown, it is hereby ORDERED, ADJUDGED, and DECREED that the below-listed dates set 8 9 forth in the Court’s August 30, 2017 Order be, and hereby are, extended for thirty days as follows: 10 EVENT 11 Disclosure of expert testimony under FRCP 26(a)(2) Deadline for filing motions related to discovery Discovery completed by Dispositive Motion Deadline 12 13 14 15 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 16 17 18 Dated this 25th day of May, 2018. 19 20 A 21 22 RICARDO S. MARTINEZ CHIEF UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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: 17 18 19 20 21 22 23 24 25 26 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 27 28 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?