Opinion
Case No.: 2:09-cv-2015-RLH-PAL.
June 30, 2010
ORDER
Before the Court is Plaintiff Shawn Bevers' Opposition (#57), filed June 29, 2010, which was filed in response to OneWest Bank FSB's ("OneWest") Motion to Lift Preliminary Injunction (#53), filed on June 8, 2010. Bevers' Opposition was untimely. Local Rule 7-2 states: "Unless otherwise ordered by the court, points and authorities in response shall be filed and served by an opposing party fourteen (14) days after the service of the motion." LR 7-2(a) (as amended Nov. 30, 2009). Applying this rule, Bevers' Opposition was due by June 22, 2010. Having received no opposition, the Court issued an Order (#58, June 29, 2010) granting OneWest's Motion. Nevertheless, in the interests of justice, the Court has considered Bevers' untimely Opposition and finds it has no effect on the Court's previous decision.
In his Opposition, Bevers essentially puts forth the same arguments against lifting the preliminary injunction as he did when he asked the Court to reconsider OneWest's dismissal. However, Bevers now asserts that he does not need to allege how OneWest is liable for his claims because the applicable law places liability on those who acquire mortgage loans. (Dkt. #57, Pl.'s Opp'n 2:25-3:1.) This assertion is incorrect. As the Court stated in its previous Order (#58), TILA requires claimants to allege violations that "a reasonable person can spot on the face of the disclosure statement or other assigned documents." White v. Homefield Fin., Inc., 545 F. Supp. 2d 1159, 1168 (W.D. Wash. 2008) (quoting Taylor v. Quality Hyundai, Inc., 150 F.3d 689, 694 (7th Cir. 1998)); 15 U.S.C. § 1641(a) ("[A]ny civil action for a [TILA] violation . . . which may be brought against a creditor may be maintained against any assignee of such creditor only if the violation for which such action or proceeding is brought is apparent on the face of the disclosure statement, except where the assignment was involuntary" (emphasis added)). After considering Bevers' Opposition, the Court affirms its previous conclusion.