Diffley v. Nationstar Mortgage, LLC et al

Filing 31

STIPULATION AND ORDER FOR CONTINUANCE OF THE TRIAL DATE AND PRETRIAL DATES signed by Judge Ricardo S Martinez. Jury Trial is set for 11/19/2018 at 09:00 AM before Judge Ricardo S Martinez, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 5/14/2018, Discovery Motions due by 6/18/2018, Discovery completed by 7/16/2018, Dispositive motions due by 8/13/2018, 39.1 mediation to be completed by 9/28/2018, Motions in Limine due by 10/15/2018, Pretrial Order due by 11/1/2018, Voir dire/jury instructions/trial briefs due by 11/8/2018. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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NO. C17-1370 RSM

BRETT DIFFLEY, an unmarried man,
Plaintiff,

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STIPULATION AND ORDER FOR
CONTINUANCE OF THE TRIAL DATE
AND PRETRIAL DATES

v.
NATIONSTAR MORTGAGE LLC, a foreign
corporation, QUALITY LOAN SERVICE
CORPORATION OF WASHINGTON, a
Washington corporation, WELLS FARGO
BANK, N.A., as Trustee For Structured
Adjustable Rate Mortgage Loan Trust, Series
2007-3,
Defendants.

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I.

INTRODUCTION

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Plaintiff Brett Diffley (“Plaintiff’) and Defendants Nationstar Mortgage LLC

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(“Nationstar”) and Wells Fargo Bank, N.A., as Trustee For Structured Adjustable Rate

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Mortgage Loan Trust, Series 2007-3, (“Wells Fargo”), hereby respectfully submit this

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Stipulation and Proposed Order for Continuance of the Trial Date and Pretrial Dates for the

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good cause stated herein. Nationstar and Wells Fargo and Plaintiff have continued good faith

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efforts to resolve this case efficiently through settlement and hereby stipulate and request that

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the trial date, and all other related deadlines, be extended approximately ninety (90) days to

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facilitate further settlement discussions amongst the parties.
STIPULATION AND [PROPOSED] ORDER FOR
CONTINUANCE OF THE TRIAL DATE AND
PRETRIAL DATES - 1
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300

Phone: [phone]
Fax: [phone]

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II.

BACKGROUND

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Plaintiff filed suit against Defendants in the United States District Court for the Western

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District of Washington on or about September 13, 2017. Dkt. #1. The Complaint relates to

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allegations surrounding the foreclosure and servicing of Plaintiff’s mortgage loan on real

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property located in King County, Washington. Defendants filed Motions to Dismiss on October

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16, 2017, and October 27, 2017, respectively. Dkt. #11 and Dkt. #17. On December 6, 2017,
the Court issued an Order denying in part and granting in part the Motion to Dismiss and
granted leave to Plaintiff to file an amended complaint. Dkt. #22.
Plaintiff’s First Amended Complaint was filed on December 20, 2017. Dkt. #23.
On January 12, 2018, Defendants filed a Motion to Dismiss. Dkt. #24. That motion has been
fully submitted and the Parties are currently awaiting a decision.
On November 14, 2017, the Court issued an Order setting the relevant dates and
deadlines, including the trial date, for this matter. Dkt. #19.

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This is the first requested continuance of the trial date and other pretrial dates that were

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first set on November 14, 2017. Since the initiation of this litigation Plaintiff and Nationstar

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and Wells Fargo have engaged in settlement discussions during the extensive pleading practice

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and Plaintiff has recently increased made significant strides towards resolution.

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Further, counsel for Nationstar and Wells Fargo is in the Army Reserves and will be out

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of the country for three weeks. During that time, the Parties will be unable to engage in further

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settlement negotiations or conduct discovery.

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The parties request additional time to conduct discovery due to counsel’s unavailability

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and for settlement discussions to resolve, if possible. If settlement is determined to be not

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feasible, both parties will need additional time to complete discovery.

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STIPULATION AND [PROPOSED] ORDER FOR
CONTINUANCE OF THE TRIAL DATE AND
PRETRIAL DATES - 2
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300

Phone: [phone]
Fax: [phone]

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III.

STIPULATION

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Nationstar and Wells Fargo and Plaintiff have been engaging in settlement discussions

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aimed at resolving this case. The parties feel that settlement negotiations have been productive

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and believe that further negotiations could resolve this matter without resorting to trial. Counsel

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for Nationstar and Wells Fargo will be out of the country serving in the Army Reserves and will

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be unavailable to conduct discovery. In the interest of conserving the Court’s and the Parties’
resources, the Parties have sought to avoid unnecessary discovery and motions practice.
Accordingly, the Parties respectfully request an extension of the trial and related deadlines to
allow the Parties adequate time to attempt to resolve this matter through settlement, and if that
is not successful, adequate time to perform necessary discovery. It is proposed that the current
trial date and pretrial deadlines be extended ninety (90) days as detailed below:
Action
Trial Date

Current Deadline
August 13, 2018

New Deadline
November 19, 2018

Disclosure of expert testimony under
FRCP 26(a)(2)

February 14, 2018

May 14, 2018

Deadline for filing motions related to
discovery. Any such motions shall be
noted for consideration pursuant to
LCR 7(d)(3)

March 16, 2018

June 18, 2018

Discovery completed by

April 16, 2018

July 16 2018

All dispositive motions must be filed
by and noted on the motion calendar
no later than the fourth Friday
thereafter (see LCR 7(d))

May 15, 2018

August 13, 2018

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June 29, 2018
Mediation per LCR 39.1(c)(3), if
requested by the parties, held no later
than
All motions in limine must be filed by
and noted on the motion calendar no
later than the THIRD Friday thereafter

July 16, 2018

September 28, 2018

October 15, 2018

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STIPULATION AND [PROPOSED] ORDER FOR
CONTINUANCE OF THE TRIAL DATE AND
PRETRIAL DATES - 3
422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300

Phone: [phone]
Fax: [phone]

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Agreed pretrial order due

August 1, 2018

November 1, 2018

August 8, 2018

November 8, 2018

Pretrial conference to be scheduled by
the Court
Trial briefs, proposed voir dire
questions, jury instructions, neutral
statement of the case, and trial exhibits
due.
DATED: March 29, 2018
WITHERSPOON ∙ KELLEY

BARRAZA LAW, PLLC

/s/ Michael J. Kapaun
/s/ Vincente Omar Barraza
Michael J. Kapaun, Esq., WSBA # 36864
Vicente Omar Barraza, Esq., WSBA # 43589
Attorneys for Defendants
Attorneys for Plaintiff
Bank of America, N.A.;
The Bank of New York Mellon,
fka The Bank of New York, as Trustee for the
Certificateholders of CWMBS, Inc., CHL
Mortgage Pass-Through 2007-10
ORDER
IT IS SO ORDERED this 30th day of March 2018.

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATION AND [PROPOSED] ORDER FOR
CONTINUANCE OF THE TRIAL DATE AND
PRETRIAL DATES - 4

422 W. Riverside Avenue, Suite 1100
Spokane, Washington 99201-0300

Phone: [phone]
Fax: [phone]