Hardyal et al v. U.S. Bank National Association et al

Filing 44

MINUTE ORDER striking as moot Defendant US Bank National Association, as Trustee's 25 Motion to Dismiss. Authorized by Judge Thomas S. Zilly. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRACY HARDYAL, FRANK LOPA,

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Plaintiffs,

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C17-1416 TSZ

v.
US BANK NATIONAL
ASSOCIATION, et al.,

MINUTE ORDER

Defendants.
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The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:
(1)
Defendant U.S. Bank National Association, as Trustee’s Motion to
Dismiss, docket no. 25, is STRICKEN as moot. The Motion asks the Court to dismiss
Plaintiffs’ original complaint to quiet title, see docket no. 1-1, under Federal Rule of Civil
Procedure 12(b)(6). The Motion’s primary argument is that Plaintiffs failed to
adequately allege that the debt underlying this dispute was accelerated in 2008. See
Motion at 1–4. Plaintiffs subsequently filed a First Amended Complaint, docket no. 27
(the “First Amended Complaint”), adding additional allegations and evidence concerning
the alleged 2008 acceleration. See First Amended Complaint at ¶ 3.4, Exhibit 4 (“You
are hereby notified that the beneficiary has elected to accelerate the loan described
herein.”). 1 The Court is satisfied that these additional allegations and evidence, along

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Exhibit 4 to the First Amended Complaint is a document entitled “Notice of Default”
that Plaintiffs alleged to have received on February 13, 2008. See First Amended Complaint at
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¶ 3.4. The Court may rely on a document to which the complaint refers if the document is
central to the party’s claims and its authenticity is not in question. Marder v. Lopez, 450 F.3d
22 445, 448 (9th Cir. 2006). Here, the Complaint expressly refers to Exhibit 4, it is central to

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MINUTE ORDER - 1

1 with the remaining changes in the First Amended Complaint, are sufficient to moot the
pending Motion. Oliver v. Alcoa, Inc., No. C16-0741JLR, 2016 WL 4734310, at *2 n.3
2 (W.D. Wash. Sept. 12, 2016).
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(2)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 25th day of May, 2018.

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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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Plaintiffs’ quiet title theory, and its authenticity is not in dispute. The Court can therefore rely on

22 this document for purposes of resolving the instant Motion.
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MINUTE ORDER - 2