Boag et al v. Litton Loan Servicing et al
Filing
50
ORDER by Judge Benjamin H Settle granting 45 Motion to Compel and requiring Plaintiffs to respond and pay monetary sanctions.(TG)
Honorable Benjamin H. Settle
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
Randy Lee Boag and Katherine Ann Boag,
individuals and the marital community
comprised there of,
CASE NO: 3:11-CV-05838-BHS
Plaintiffs,
v.
Litton Loan Servicing; HSBC Bank USA,
NA.; Northwest Trustee Services Inc.;
Mortgage Electronic Registration System; &
Does 1-10; Ownit Mortgage Solutions Inc.;
Discovery Financial, Inc.
ORDER GRANTING UNOPPOSED
MOTION TO COMPEL PRODUCTION OF
DOCUMENTS FROM PLAINTIFFS
Defendants.
HSBC Bank USA, National Association, as Trustee for Ownit Mortgage Loan Trust,
Mortgage Loan Asset-Backed Certificates, Series 2005-2’s (“HSBC Bank”) Motion to
Compel Production of Documents from Plaintiffs Randy L. Boag and Katherine A. Boag
(“Motion to Compel”) was noted for consideration on May 31, 2013. After consideration of
MOTION TO COMPEL
3:11-CV-05838-BHS
PAGE 1
HOUSER & ALLISON, APC
A Professional Corporation
800 Fifth Avenue, Ste. 4100
Seattle, WA 98104
PH: (206)596-7838
FAX: (206)596-7839
the papers filed by the Plaintiffs with respect to this motion, the Court grants HSBC Bank’s
Motion to Compel and finds that Plaintiffs have not complied with their discovery obligations
in failing to respond to HSBC Bank’s requests for production of documents. The Court
hereby orders:
1. HSBC Bank’s Motion to Compel is hereby GRANTED;
2. Plaintiffs Randy Lee Boag and Katherine Ann Boag shall serve responsive
documents on HSBC Bank’s undersigned counsel, without objections, within 15
days of the entry of this order that respond to HSBC Bank’s Requests for
Production of Documents, Set One to Katherine A. Boag and HSBC Bank’s
Requests for Production of Documents, Set One to Randy L. Boag;
3. Due to Plaintiffs’ non-complaince with the Federal Rules of Civil Procedure (Fed.
R. Civ. P.), the Court awards sanctions to Defendants, requiring Plaintiffs to pay
HSBC Bank monetary sanctions in the amount of $500.00 within 15 days of the
entry of this order. Further non-compliance may result in additional sanctions up
to and including dismissal.
IT IS SO ORDERED.
DATED this 12th day of June, 2013.
A
BENJAMIN H. SETTLE
United States District Judge
MOTION TO COMPEL
3:11-CV-05838-BHS
PAGE 2
HOUSER & ALLISON, APC
A Professional Corporation
800 Fifth Avenue, Ste. 4100
Seattle, WA 98104
PH: (206)596-7838
FAX: (206)596-7839
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