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Bofi Fed. Bank v. Advance Funding LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
Oct 22, 2018
NO. 14-CV-484 BJR (W.D. Wash. Oct. 22, 2018)

Opinion

NO. 14-CV-484 BJR

10-22-2018

BOFI FEDERAL BANK, a federally chartered banking institution, Plaintiff, v. ADVANCE FUNDING LLC; KIRK A. TOVEY, individually and as trustee of the KIRK A. TOVEY REVOCABLE TRUST; and SETTLEMENT COLLECTION SERVICE, LLC, Defendants.


ORDER SETTING ORAL ARGUMENT ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Having reviewed the Motion for Summary Judgment of Defendants Kirk A. Tovey and Settlement Collection Service, LLC, and all pleadings submitted in support of and in response to that Motion, the Court hereby calls for oral argument. The oral argument is scheduled for 11:00 a.m. on Friday, October 26, 2018; each side is allotted 15 minutes.

Counsel shall be prepared to argue all aspects of the Motion, but in particular respond to the following: (1) Whether Sheena Venzant's assignment of her lottery winnings on May 21, 2013 to Advance Funding constituted a breach or repudiation of her contract with BofI Federal Bank; and, (2) if so, how Defendants Tovey and Settlement Collection Service could be found to have induced such breach if, as the undisputed evidence demonstrates, they were unaware of either Ms. Venzant's identity, or any agreement she may have had with BofI, until sometime in June 2013, after the May 21, 2013 contract with Advanced Funding was executed.

The currently scheduled Pretrial Conference shall commence immediately following the oral argument.

Signed this 22nd day of October, 2018.

/s/_________

Barbara Jacobs Rothstein

U.S. District Court Judge


Summaries of

Bofi Fed. Bank v. Advance Funding LLC

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON
Oct 22, 2018
NO. 14-CV-484 BJR (W.D. Wash. Oct. 22, 2018)
Case details for

Bofi Fed. Bank v. Advance Funding LLC

Case Details

Full title:BOFI FEDERAL BANK, a federally chartered banking institution, Plaintiff…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON

Date published: Oct 22, 2018

Citations

NO. 14-CV-484 BJR (W.D. Wash. Oct. 22, 2018)