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

Filing 45

MINUTE ORDER re Plaintiffs' 35 MOTION for Summary Judgment; directing each party to file one supplemental brief, not to exceed ten (10) pages, on or before 7/6/2018; RENOTING the Motion to 7/6/2018; SETTING Oral Argument on the Motion for 7/20/2018 at 10:00 AM. 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, et al.,

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Plaintiffs,

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C17-1416 TSZ

v.

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US BANK NATIONAL
ASSOCIATION,

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MINUTE ORDER

Defendant.
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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)
The Court has reviewed Plaintiffs’ Motion for Summary Judgment, docket
no. 35 (the “Motion”), and the corresponding papers. Each party is DIRECTED to file
one supplemental brief, not to exceed ten (10) pages, on or before July 6, 2018,
addressing: (a) whether any acceleration in 2008 was waived or abandoned as a result of
the Forbearance Agreement and subsequent conduct, see Declaration of Sony Prudent in
Support of Defendant’s Response to Plaintiffs’ Motion for Summary Judgment, docket
no. 39, Exhibits 6–8; (b) whether the Court can rule on the waiver issue as a matter of
law; (c) the application, if any, of Equitable Life Leasing Corp. v. Cedarbrook, Inc., 52
Wn. App. 497, 501–02 (1988); and (d) if the debt was accelerated in 2008 and
subsequently waived, what is the legal effect, if any, of the subsequent waiver. The
Motion is RENOTED to July 6, 2018.

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(2)

The Court SETS oral argument on the Motion for July 20, 2018, at 10:00

a.m.

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MINUTE ORDER - 1

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(3)
record.

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

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Dated this 27th day of June, 2018.
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William M. McCool
Clerk

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s/Karen Dews
Deputy Clerk

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MINUTE ORDER - 2