HSBC Bank Mortgage Corp. (USA) v. Lees

HSBC Bank Mortgage Corporation (USA) (“the bank”) appeals from: (1) Judge Oftedal’s order granting defendant David T. Lees’s (“the homeowner”) motion in limine to strike the bank’s trial witness; and (2) Judge Lubitz’s subsequent ordér involuntarily dismissing the bank’s action without prejudice based on Judge Oftedal’s order. Because the bank failed to comply with Judge Oftedal’s pre-trial order, we affirm.

This appeal arises from a mortgage foreclosure action commenced in 2010. In a pre-trial order entered on February 13, 2015, the case was set for trial almost eight weeks later on April 7,…