Bigelow v. Northwest Trustee Services, Inc. et al

Filing 101

ORDER by Judge Benjamin H. Settle setting briefing schedule for 93 MOTION for Reconsideration. 93 MOTION for Reconsideration RENOTED to 8/21/2015. (TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 JAMES A. BIGELOW,
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Plaintiff,

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v.

11 NORTHWEST TRUSTEE SERVICES,
INC., et al.
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Defendants.
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CASE NO. C14-5798 BHS
ORDER SETTING BRIEFING
SCHEDULE AND RENOTING
PLAINTIFF’S MOTION FOR
RECONSIDERATION

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This matter comes before the Court on Plaintiff James Bigelow’s (“Bigelow”)
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motion for reconsideration (Dkt. 93). The Court has considered the pleading filed in
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support of the motion and the remainder of the file and hereby renotes the motion for the
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reasons stated herein.
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I. PROCEDURAL HISTORY
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On February 23, 2015, Bigelow filed an amended complaint against Defendants
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Green Tree Servicing, LLC, Mortgage Electronic Registration Systems, Inc., Renee
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Parker, and Wright, Finlay & Zak, LLP’s (“Defendants”). Dkt. 44. On March 13, 2015,
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ORDER - 1

1 Renee Parker and Wright, Finlay & Zak, LLP (“Attorney Defendants”) moved to strike
2 Bigelow’s complaint in its entirety under Washington’s Anti-SLAPP statute, RCW
3 4.24.525. Dkt. 60. On June 1, 2015, the Court denied the motion. Dkt. 92. On June 15,
4 2015, Attorney Defendants filed a motion for reconsideration. Dkt. 93. On July 16,
5 2015, the Court granted the motion. Dkt. 99.
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On August 4, 2015, Bigelow filed a motion for reconsideration based on the recent

7 ruling by the Washington Supreme Court that RCW 4.24.525 violates the Washington
8 State Constitution. See Davis v. Cox, 351 P.3d 862, 864 (Wash. 2015).
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II. DISCUSSION
In light of Washington’s Anti-SLAPP statute being declared unconstitutional, the

11 Court will set a briefing schedule pursuant to the local rules. Local Rules, W.D. Wash.
12 LCR 7(h)(3). The Attorney Defendants may file a response no later than August 18,
13 2015. Bigelow may file a reply no later than August 21, 2015. The Clerk shall renote the
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III. ORDER
Therefore, it is hereby ORDERED that the Bigelow’s motion for reconsideration

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Dated this 10th day of August, 2015.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2