Opinion

De Botton v. Quality Loan Service Corporation of Washington

Court
District Court, W.D. Washington
Filed
Apr 26, 2023
Cited by
0 cases
Authority
More cited than 32.5%

The opinion

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UNITED STATES DISTRICT COURT

6 FOR THE WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

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8 RAYMOND DE BOTTON,

CASE NO. 2:23-cv-00223-RSL

9 Plaintiff,

v.

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11 QUALITY LOAN SERVICES ORDER GRANTING PLAINTIFF’S

MOTION TO CONTINUE

CORPORATION OF WASHINGTON, et

12 al.,

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Defendants.

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This matter comes before the Court on plaintiff’s “Motion for Relief Pursuant to

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Federal Rule of Civil Procedure 56(d).” Dkt. # 24. Under that Rule:

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18 a trial court may order a continuance on a motion for summary judgment if

the party requesting a continuance submits affidavits showing that, without

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Rule 56 assistance, it cannot present facts necessary to justify its claims. The

20 requesting party must show: (1) it has set forth in affidavit form the specific

21 facts it hopes to elicit from further discovery; (2) the facts sought exist; and

(3) the sought-after facts are essential to oppose summary judgment. Cal. on

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behalf of Cal. Dep't of Toxic Substances Control v. Campbell, 138 F.3d 772,

23 779 (9th Cir. 1998). Failure to comply with these requirements “is a proper

ground for denying discovery and proceeding to summary judgment.” Id.

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(quoting Brae Transp., Inc. v. Coopers & Lybrand, 790 F.2d 1439, 1443 (9th

25 Cir. 1986)).

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ORDER GRANTING PLAINTIFF’S MOTION TO

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Fam. Home & Fin. Ctr., Inc. v. Fed. Home Loan Mortg. Corp., 525 F.3d 822, 827 (9th Cir.

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2008). Plaintiff has provided an affidavit showing that, prior to the filing of the motion for

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5 summary judgment, plaintiff served notices of deposition seeking testimony regarding the

6 existence of the underlying loan, the alleged default, how the foreclosure proceeds were

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distributed, whether the trustee was qualified to act, whether the trustee complied with its

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statutory obligations, the existence of an attorney-client relationship between defendants,

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10 and Quality Loan Services Corporation’s relationship with various third parties. Dkt. # 24-

11 1 at 14-23. Most of these facts are clearly at issue in the pending summary judgment

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motion, and defendants selected documents and information in their possession to their

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narrative. Plaintiff, however, has not had the opportunity to inquire whether other, less

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15 supportive documents exist and/or to test defendants’ assertions regarding statutory

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For all of the foregoing reasons, the motion to continue is GRANTED. The parties

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have served their initial disclosures, and defendants produced documents on March 16,

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21 2023, in support of their pending motion for summary judgment. The parties shall schedule

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the noticed depositions within the next two weeks (if they have not already occurred).

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Plaintiff will then be given an opportunity to serve follow-up discovery before his response

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to the pending motion is due.

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ORDER GRANTING PLAINTIFF’S MOTION TO

1 The Clerk of Court is directed to renote Defendants’ Amended Motion for

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Summary Judgment (Dkt. # 17) for consideration on July 21, 2023.

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Dated this 26th day of April, 2023.

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7 Robert S. Lasnik

United States District Judge

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ORDER GRANTING PLAINTIFF’S MOTION TO

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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