American Pacific Mortgage Corporation v. Everett Financial Inc

Opinion

1 HONORABLE TIFFANY M. CARTWRIGHT 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 AMERICAN PACIFIC MORTGAGE Case No. 2:21-cv-1088-TMC CORPORATION, a California corporation; and 10 | ELEMENT MORTGAGE, a division of JOINT STIPULATION FOR LEAVE 11 | AMERICAN PACIFIC MORTGAGE TO AMEND PLAINTIFEF’S CORPORATION COMPLAINT and ORDER 2 Plaintiff, TRIAL DATE: — January 17, 2023 13 ACTION FILED: August 13, 2021 vs. 14 EVERETT FINANCIAL, INC. d/b/a SUPREME 15 LENDING; LUKE WELLING, an individual residing in Washington State; MATTHEW 16 THOMAS, an individual residing in Washington State; ANDREW HOPKINS, an individual 17 residing in Washington State; AUSTIN JAMES, an individual residing in Washington State; 18 COREY CONDRIN, an individual residing in 19 Washington State; DANIEL WON, an individual residing in Washington State; KIMBERLY 0 BUNDRUM, an individual residing in Washington State; CINDEE WILSON, an 21 individual residing in Washington State; JANE/JOHN DOES 1-10; DOE 22 BUSINESS/CORPORATE ENTITIES 1-10, 23 Defendants. 24 25 26 27

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1} 1. INTRODUCTION 2 Pursuant to Federal Rule of Civil Procedure 15(a)(2) and LCR 15, Plaintiff and Defendants 3 || by and through their respective counsel of record, hereby stipulate and agree that Plaintiff be given 4 | leave of the Court to amend the complaint filed herein and the FIRST AMENDED COMPLAINT 5 | FOR DAMAGES AND JURY TRIAL, attached hereto as Exhibit A, to be filed within sixteen 6 || days of this stipulation being granted by the court. 7 | OL BACKGROUND 8 Plaintiff filed this lawsuit on August 13, 2021 and subsequently served the Summons and 9 | Complaint on multiple Defendants. Subsequently, the court granted a motion to compel arbitration 10 || as to all the defendants, except for Supreme Lending and Luke Welling, and imposed a stay on the 11 | litigation until arbitration had concluded, sending the remaining defendants to arbitration. During 12 | arbitration, Plaintiff learned more facts pertaining to its claims, and determined to narrow its claims 13 || and parties, ultimately dismissing all of the defendants except for Supreme Lending and Luke 14 || Welling. The parties now stipulate and agree to amend Plaintiff's Complaint as reflected in the 15 || attached exhibit. 16 | TT. ARGUMENT 17 Federal Rule of Civil Procedure 15(a)(2) allows for the amendment of pleadings with leave 18 || of the court, or with opposing counsel’s written consent, before trial. The Rule further provides 19 || that “the court should freely give leave when Justice so requires.” Jd. 20 The Ninth Circuit has instructed that this rule “should be interpreted with ‘extreme 21 || liberality,’” Jackson v. Bank of Hawaii, 902 F.2d 1385, 1387 (9th Cir. 1990) (quoting United States 22 | v. Webb, 655 F.2d 977, 979 (9th Cir. 1981)), and “[a]n outright refusal to grant leave to amend 23 || without a justifying reason is... an abuse of discretion.” Smith v. Constellation Brands, Inc., 2018 24 || WL 991450, at *2 (9th Cir. Feb. 21, 2018) (quoting Leadsinger, Inc. v. BMG Music Publ’g, 512 25 || F.3d 522, 532 (9th Cir. 2008)). A district court only has discretion to deny leave to amend “‘due 26 || to... repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to 27 | the opposing party by virtue of allowance of the amendment, [and] futility of amendment.’” Jd. at

9g | *2 (quoting Zucco Partners, LLC vy. Digimarc Corp., 52 F.3d 981, 1007 (9th Cir. 2009) and “| PRgg2=OINT STIPULATION FOR MEDINA MeKELVEY LP

1 | Leadsinger, Inc., 512 F.3d at 532). An amendment to a pleading relates back to the date of the 2 | original pleading when the amendment changes the party against whom a claim is asserted if the 3 || amendment asserts a claim that arose out of the conduct, transaction, or occurrence set out (or 4 | attempted to be set out) in the original pleading. Fed. R. Civ. P. 15(c)(1)(B). 5 | IV. CONCLUSION 6 For these reasons, the parties respectfully seek the court’s approval of this stipulation and 7 | allow Plaintiff to file the attached amended complaint within sixteen days of this stipulation being 8 | granted. 9 || Dated this 4th day of October, 2023. 10 11 MEDINA MCKELVEY, LLP DORSEY & WHITNEY LLP 12 By: s/ Rabindra M. David By: s/F. Matthew Ralph 13 Rabindra M. David (Pro Hac Vice) F. Matthew Ralph (Pro Hac Vice) 14 Alexander M. Medina (Pro Hac Vice) ralph.matthew@dorsey.com alex@medinamckelvey.com Marina Lyons (WSBA No. 49127) lyons.marina@dorsey.com 15 with 16 Attorneys for Defendants 17 LINDSAY HART, LLP Tyson L. Calvert (WSBA No. 38908) 18 tcalvert@lindsayhart.com 19 and 20 71 Maren L. Calvert (WSBA No. 53940) 2 mealvert@schwabe.com SCHWABE, WILLIAMSON & 23 WYATT 700 Washington St Ste 701 24 Vancouver, WA 98660-3338 25 Telephone: (360) 597-0804 2% Attorneys for Plaintiff American Pacific Mortgage Corp. 27

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1 ORDER 2 Pursuant to the stipulation of the parties in this matter, Plaintiff is granted leave to amend 3 || its Complaint. Plaintiff must file and serve the amended pleading on all parties within sixteen 4 | days of the filing of this order. 5 6 Dated this 4th day of October, 2023, at Seattle, Washington. 7 Low CC 8 Tiffany M. Cartwright 9 United States District Court Judge 10 1] 12 13 || Presented and submitted by: 14 | _/s/ Rabindra M. David Rabindra M. David (CA SBN 274504) 15 | Admitted pro hac vice 16 rabi@medinamckelvey.com MEDINA McKELVEY LLP 17 | 925 Highland Pointe Drive, Suite 300 Roseville, California 95678 18 || Telephone: (916) 960-2211 Facsimile: (916) 742-5488 19 20 21 22 23 24 25 26 27

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