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)

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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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