Cymbidium Restoration Trust v. American Homeowner Preservation Trust Series AHP Servicing

• Court: District Court, W.D. Washington
• Decided: February 23, 2024
• Docket: 2:24-cv-00025
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CYMBIDIUM RESTORATION TRUST, CASE NO. 2:24-CV-00025

Plaintiff, MINUTE ORDER v. AMERICAN HOMEOWNER PRESERVATION TRUST SERIES AHP SERVICING, it’s Trustee, U.S. BANK TRUST, N.A.; AHP CAPITAL MANAGEMENT, LLC; AMERICAN HOMEOWNER PRESERVATION SERIES 2015+; its Trustee, U.S. BANK TRUST NATIONAL ASSOCIATION; AHP SERVICING, LLC, and JORGE NEWBERY,

Defendants. AMERICAN HOMEOWNER PRESERVATION TRUST SERIES AHP SERVICING, AHP CAPITAL MANAGEMENT, LLC; AMERICAN HOMEOWNER PRESERVATION TRUST SERIES 2015A+; and AHP SERVICING, LLC, Counter-Plaintiffs, 1 v. 2 CYMBIDIUM RESTORATION RUST,

3 Counter-Defendant. 4 AMERICAN HOMEOWNER PRESERVATION TRUST SERIES AHP 5 SERVICING; AHP CAPITAL MANAGEMENT, LLC; AMERICAN 6 HOMEOWNER PRESERVATION TRUST SERIES 2015A+; and AHP SERVICING, 7 LLC,

8 Third-Party Plaintiff, 9 v. 10 OAK HARBOR CAPITAL, LLC; 11 ATLANTICA, LLC; LAND HOME FINANCIAL SERVICES, 12 INC.; WWR MANAGEMENT, LLC; SOUTH WATUPPA, LP; MAGERICK, 13 LLC; and WEINSTEIN & RILEY, PS,

14 Third-Party Defendants. 15

16 The following Minute Order is made by direction of the Court, the Honorable 17 Jamal N. Whitehead, United States District Judge. Defendants/Counter- 18 Plaintiffs/Third-Party Plaintiffs American Homeowner Preservation Trust Series 19 AHP Servicing, American Homeowner Preservation Trust Series 2015A+’s, AHP 20 Capital Management, LLC, and AHP Servicing, LLC (“AHP Entities”) moved for 21 leave to file the Mortgage Loan Sale Agreement with Repurchase Obligation 22 (“MLSA”) and the First Amendment to the MLSA under seal. Dkt. No. 31. 23 1 “There is a strong presumption of public access to the court’s files,” which 2 may be overcome in some cases. LCR 5(g); see also Foltz v. State Farm Mut. Auto.

3 Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003) (“In this circuit, we start with a strong 4 presumption in favor of access to court records.”). Among other things, a party 5 moving to file a document under seal must meet and confer with “all other parties in 6 an attempt to reach agreement on the need to file the document under seal, to 7 minimize the amount of material filed under seal, and to explore redaction and other 8 alternatives to filing under seal.” LCR 5(g)(3)(A) (emphasis added).

9 Through counsel, AHP Entities spoke with Plaintiff/Counter-Defendant 10 Cymbidium Restoration Trust generally about the confidential nature of the 11 contract documents during the parties’ Rule 26(f) conference. See Dkt. No. 31-1. But 12 the parties—all parties—have not met and conferred about the appropriateness of 13 filing these documents under seal or whether less restrictive means, such as 14 redaction, will suffice. 15 Accordingly, the Court denies the motion without prejudice because the meet

16 and confer requirement has not been satisfied. See LCR 5(g). 17 The Court directs AHP Entities to meet and confer with all parties before 18 refiling the motion. The Court also reminds the parties that failure to respond to a 19 good faith meet-and-confer request may warrant sanctions. 20 21 Dated this 23rd day of February 2024.

22 23 1 Ravi Subramanian Clerk 2 /s/Kathleen Albert 3 Deputy Clerk 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

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