Viegas et al v. TH MSR Holdings LLC et al
| Keri L. Viegas, James Viegas and Keri Lynn Viegas |
| TH MSR Holdings LLC, Brian G. Sayer, Jamie G. Siler, Roundpoint Mortgage Servicing LLC, Chuck Broerman, Chuck (I) Broerman, El Paso County, Colorado, Kelly J. McPherson and Zillow, Inc. |
| 1:2025cv03666 |
| November 14, 2025 |
| U.S. District Court for the District of Colorado |
| Philip A Brimmer |
| Scott T Varholak |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 70 NOTICE of Subsequent Enforcement Activity by Plaintiffs James Viegas, Keri L. Viegas (Viegas, Keri) |
| Filing 69 RESPONSE to Objection to #64 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE filed by Defendants Chuck Broerman, Chuck (I) Broerman, El Paso County, Colorado. (Martyn, Steven) |
| Filing 68 RESPONSE to Objection to #64 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE to Dismiss Claims for All Defendants filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 67 RESPONSE to Objection to #64 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE filed by Defendant Kelly J. McPherson. (Holter, Kyle) |
| Filing 66 OBJECTION to #64 Report and Recommendations of Magistrate Judge filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 65 OBJECTION to #64 Report and Recommendations filed by Defendants Roundpoint Mortgage Servicing LLC, TH MSR Holdings LLC. (Attachments: #1 Exhibit A - Docket, #2 Exhibit B - Order and Judgment)(Siler, Jamie) |
| Filing 64 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. This Court respectfully RECOMMENDS that the Motion to Dismiss Pursuant to C.R.C.P. 12(b)(5) and 12(b)(6) filed by Defendant Brian Sayer [#26 ], Defendant Zillow, Inc.'s Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) [#34 ], Judge McPherson's Motion to Dismiss [#36 ], the Motion to Dismiss Complaint filed by Defendant Jamie G. Siler [#40 ], El Paso County and Trustee Broerman's Motion to Dismiss Plaintiff's Complaint [#58 ], and the Motion to Dismiss Complaint filed by Defendants TH MSR Holdings LLC and RoundPoint Mortgage Servicing LLC [#60 ] be GRANTED to the extent that they seek dismissal of Plaintiffs' federal claims and that the Court DECLINE SUPPLEMENTAL JURISDICTION over Plaintiffs' state law claims, by Magistrate Judge Scott T. Varholak on 2/16/2026. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (ccuen, ) Modified on 2/20/2026 to correct linkage. (sphil, ). |
| Filing 63 RESPONSE to #60 MOTION to Dismiss Complaint and Opposition to Motion to Dismiss filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 62 RESPONSE to #58 MOTION to Dismiss Plaintiff's Complaint filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 61 MEMORANDUM regarding #60 MOTION to Dismiss Complaint filed by TH MSR Holdings LLC, Roundpoint Mortgage Servicing LLC. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 2/04/2026. Text Only Entry (pabsec, ) |
| Filing 60 MOTION to Dismiss Complaint by Defendants Roundpoint Mortgage Servicing LLC, TH MSR Holdings LLC. (Attachments: #1 Exhibit 1 - Foreclosure Docket, #2 Exhibit 2 - Foreclosure Docket, #3 Exhibit 3 - Orders Authorizing Sale, #4 Exhibit 4 - PT Documents, #5 Exhibit 5 - Order and Judgment)(Siler, Jamie) |
| Filing 59 MEMORANDUM regarding #58 MOTION to Dismiss Plaintiff's Complaint filed by Chuck Broerman, El Paso County, Colorado, Chuck (I) Broerman. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 2/03/2026. Text Only Entry (pabsec, ) |
| Filing 58 MOTION to Dismiss Plaintiff's Complaint by Defendants Chuck Broerman, Chuck (I) Broerman, El Paso County, Colorado. (Attachments: #1 Exhibit Order re. Hearing, #2 Exhibit Foreclosure Sale Order 10.27.25, #3 Exhibit Foreclosure Sale Order 10.29.25, #4 Exhibit Notice of Intent to Cure)(Martyn, Steven) |
| Filing 57 COURTROOM MINUTES for Motion Hearing held on 1/13/2026 before Magistrate Judge Scott T. Varholak. ORDERED: Defendants' Motion to Stay #27 is GRANTED IN PART AND DENIED IN PART. The motion is denied to the extent it seeks a stay of filing a responsive pleading. The parties who have not responded shall respond on or before February 3, 2026. The motion is granted to the extent it seeks a stay of all discovery, as discussed. FTR: STV A402. (sgrim) |
| Filing 56 REPLY to Response to #36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Defendant Kelly J. McPherson. (Holter, Kyle) |
| Filing 55 REPLY to Response to #40 MOTION to Dismiss Complaint filed by Defendant Jamie G. Siler. (O'Neill, Alexandra) |
| Filing 54 REPLY to Response to #34 MOTION to Dismiss for Failure to State a Claim filed by Defendant Zillow, Inc.. (Levey, Daniel) |
| Filing 53 NOTICE OF CONSTITUTIONAL QUESTION by Plaintiffs James Viegas, Keri L. Viegas (Viegas, Keri) |
| Filing 52 REPLY to Response to #25 Emergency MOTION for Reconsideration re #24 Order on Motion for TRO, Jurisdictional Defects and Ongoing Irreparable Harm Docs 44 and 49 filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 51 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent TH MSR Holdings LLC for Roundpoint Mortgage Servicing LLC. (Siler, Jamie) |
| Filing 50 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Two Harbors Investment Corp. for TH MSR Holdings LLC. (Siler, Jamie) |
| Filing 49 RESPONSE to #25 Emergency MOTION for Reconsideration re #24 Order on Motion for TRO, Jurisdictional Defects and Ongoing Irreparable Harm filed by Defendant Kelly J. McPherson. (Holter, Kyle) |
| Filing 48 RESPONSE to #36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim and Opposition to Motion to Dismiss filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
Filing 47
MINUTE ORDER Due to a conflict on the Court's calendar, the Motion Hearing set for 1/13/2026 at 10:30 AM is VACATED and RESET in time only to 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. If the parties are not available at this new time, they are directed to jointly contact chambers at 303-335-2365 to identify an appropriate time. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/17/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc7, )
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| Filing 46 REPLY to Response to #27 MOTION to Stay filed by Defendants Roundpoint Mortgage Servicing LLC, TH MSR Holdings LLC. (Siler, Jamie) |
| Filing 45 RESPONSE to #40 MOTION to Dismiss Complaint and Opposition to Motion to Dismiss filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 44 RESPONSE to #25 Emergency MOTION for Reconsideration re #24 Order on Motion for TRO, Jurisdictional Defects and Ongoing Irreparable Harm filed by Defendants Chuck Broerman, Chuck (I) Broerman, El Paso County, Colorado. (Martyn, Steven) |
| Filing 43 RESPONSE to #26 MOTION to Dismiss PURSUANT TO C.R.C.P. 12(b)(5) AND 12(b)(6) and Opposition to Motion to Dismiss filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 42 RESPONSE to #34 MOTION to Dismiss for Failure to State a Claim and Opposition to Motion to Dismiss filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 41 MEMORANDUM regarding #40 MOTION to Dismiss Complaint filed by Jamie G. Siler. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/12/2025. Text Only Entry (pabsec, ) |
| Filing 40 MOTION to Dismiss Complaint by Defendant Jamie G. Siler. (Attachments: #1 Exhibit A - Viegas 1 Dismissal Order, #2 Exhibit B - Viegas 2 Dismissal Order, #3 Exhibit C - Viegas 3 Dismissal Order, #4 Exhibit D - Articles of Organization, #5 Exhibit E - 10th Circuit Order and Judgment)(O'Neill, Alexandra) |
| Filing 39 NOTICE re #34 MOTION to Dismiss for Failure to State a Claim , #32 Notice of Entry of Appearance, #33 Corporate Disclosure Statement OF AMENDED CERTIFICATES OF SERVICE by Defendant Zillow, Inc. (Levey, Daniel) |
| Filing 38 NOTICE re #27 MOTION to Stay , #28 Response to Motion - Supplemental Notice Including Exhibits by Plaintiffs James Viegas, Keri L. Viegas (Attachments: #1 Exhibit Exhibit 1 - Zillow Dec 10 Screenshots, #2 Exhibit Exhibit 2 - Auction.com Dec 10 Screenshots, #3 Exhibit Exhibit 3 - RealtyTrac Auction Screenshot, #4 Exhibit Exhibit 4 - Investor Texts and Email, #5 Exhibit Exhibit 5 - Neighbor Texts to Children, #6 Exhibit Exhibit 6 - Email Notice of Continued Harms to Steve Martyn)(Viegas, Keri) |
| Filing 37 MEMORANDUM regarding #36 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Kelly J. McPherson. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/10/2025. Text Only Entry (pabsec, ) |
| Filing 36 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Defendant Kelly J. McPherson. (Attachments: #1 Exhibit A, 25CV30836 Mot. to Dismiss, #2 Exhibit B, 25CV30836 Order on Mot. to Dismiss)(Holter, Kyle) |
| Filing 35 MEMORANDUM regarding #34 MOTION to Dismiss for Failure to State a Claim filed by Zillow, Inc.. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/10/2025. Text Only Entry (pabsec, ) |
| Filing 34 MOTION to Dismiss for Failure to State a Claim by Defendant Zillow, Inc.. (Attachments: #1 Unpublished Opinion - Avery v. Wade)(Levey, Daniel) |
| Filing 33 CORPORATE DISCLOSURE STATEMENT. (Levey, Daniel) |
| Filing 32 NOTICE of Entry of Appearance of Daniel A. Levey by Daniel A. Levey on behalf of Zillow, Inc.Attorney Daniel A. Levey added to party Zillow, Inc.(pty:dft) (Levey, Daniel) |
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Filing 31
MINUTE ORDER This matter is before the Court on Defendants' #27 Motion to Stay (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall file a Response to the Motion on or before 12/24/25, and Defendants may then file a reply on or before 12/31/25. This Motion will be taken up at a Hearing set for 1/13/26 at 10:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/10/2025. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. Text Only Entry (stvlc7, )
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| Filing 30 MEMORANDUM regarding #26 MOTION to Dismiss PURSUANT TO C.R.C.P. 12(b)(5) AND 12(b)(6) filed by Brian G. Sayer, #27 MOTION to Stay filed by TH MSR Holdings LLC, Roundpoint Mortgage Servicing LLC. Motion referred to Magistrate Judge Scott T. Varholak, by Chief Judge Philip A. Brimmer on 12/10/2025. Text Only Entry (pabsec, ) |
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Filing 29
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 12/10/2025. Text Only Entry (pabsec, )
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| Filing 28 RESPONSE to #27 MOTION to Stay for Ongoing Harms and Continued False Publication filed by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
| Filing 27 MOTION to Stay by Defendants Roundpoint Mortgage Servicing LLC, TH MSR Holdings LLC. (Attachments: #1 Exhibit A - Order and Judgment, #2 Exhibit B - Injunction Denial Order, #3 Exhibit C - Dismissal Order, #4 Exhibit D - Magistrate Recommendation, #5 Exhibit E - Magistrate Recommendation, #6 Exhibit F - Order Accepting Magistrate Recommendation)(Siler, Jamie) |
| Filing 26 MOTION to Dismiss PURSUANT TO C.R.C.P. 12(b)(5) AND 12(b)(6) by Defendant Brian G. Sayer. (Sayer, Brian) |
| Filing 25 Emergency MOTION for Reconsideration re #24 Order on Motion for TRO, Jurisdictional Defects and Ongoing Irreparable Harm by Plaintiffs James Viegas, Keri L. Viegas. (Viegas, Keri) |
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Filing 24
ORDER by Chief Judge Philip A. Brimmer on 12/1/2025. It is ORDERED that Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction [Docket No. #2 ] is DENIED. For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record. (tlove, )
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| Filing 23 BRIEF in Support of #2 MOTION for Temporary Restraining Order including evidence of Continuous Escalating Harm filed by Plaintiffs James Viegas, Keri L. Viegas. (Attachments: #1 Exhibit Evidence of Immediate Danger, #2 Affidavit Declaration of Events, #3 Affidavit Declaration of Events)(Viegas, Keri) |
| Filing 22 RESPONSE to #2 MOTION for Temporary Restraining Order filed by Defendants Chuck Broerman, Chuck (I) Broerman, El Paso County, Colorado. (Attachments: #1 Exhibit Order re. Hearing, #2 Exhibit Foreclosure Sale Order 10.27.25, #3 Exhibit Foreclosure Sale Order 10.29.25, #4 Exhibit Notice of Intent to Cure)(Martyn, Steven) |
| Filing 21 BRIEF in Opposition to #2 MOTION for Temporary Restraining Order filed by Defendant Kelly J. McPherson. (Attachments: #1 Exhibit A, McPherson Oath of Office)(Holter, Kyle) |
| Filing 20 SUMMONS Returned Executed by Keri L. Viegas. Jamie G. Siler served on 11/20/2025, answer due 12/11/2025. (Viegas, Keri) |
| Filing 19 NOTICE of Entry of Appearance by Lane Towery on behalf of Kelly J. McPhersonAttorney Lane Towery added to party Kelly J. McPherson(pty:dft) (Towery, Lane) |
| Filing 18 NOTICE of Entry of Appearance by Kyle M. Holter on behalf of Kelly J. McPhersonAttorney Kyle M. Holter added to party Kelly J. McPherson(pty:dft) (Holter, Kyle) |
| Filing 17 SUMMONS Returned Executed by Keri L. Viegas. Kelly J. McPherson served on 11/19/2025, answer due 12/10/2025. (Viegas, Keri) |
| Filing 16 SUMMONS Returned Executed by Keri L. Viegas. Zillow, Inc. served on 11/19/2025, answer due 12/10/2025. (Viegas, Keri) |
| Filing 15 SUMMONS Returned Executed by Keri L. Viegas. Brian G. Sayer served on 11/18/2025, answer due 12/9/2025. (Viegas, Keri) |
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Filing 14
MINUTE ORDER by Chief Judge Philip A. Brimmer on 11/18/2025 re: #2 Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Defendants shall respond to plaintiffs' motion on or before November 21, 2025. Text Only Entry (pabsec, )
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| Filing 13 CERTIFICATE of Mailing/Service re #7 Letter, #2 MOTION for Temporary Restraining Order Magistrate Consent From Doc 7-10 by Plaintiff Keri L. Viegas. (Viegas, Keri) |
| Filing 12 SUMMONS Returned Executed by Keri L. Viegas. Roundpoint Mortgage Servicing LLC served on 11/18/2025, answer due 12/9/2025. (Viegas, Keri) |
| Filing 11 SUMMONS Returned Executed by Keri L. Viegas. TH MSR Holdings LLC served on 11/18/2025, answer due 12/9/2025. (Viegas, Keri) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Chuck (I) Broerman, Chuck Broerman, El Paso County, Colorado. Chuck (I) Broerman waiver sent on 11/17/2025, answer due 1/16/2026; Chuck Broerman waiver sent on 11/17/2025, answer due 1/16/2026; El Paso County, Colorado waiver sent on 11/17/2025, answer due 1/16/2026. (Martyn, Steven) |
| Filing 9 NOTICE of Entry of Appearance by Erika Murphy Keech on behalf of Chuck Broerman, Chuck (I) Broerman, El Paso County, ColoradoAttorney Erika Murphy Keech added to party Chuck Broerman(pty:dft), Attorney Erika Murphy Keech added to party Chuck (I) Broerman(pty:dft), Attorney Erika Murphy Keech added to party El Paso County, Colorado(pty:dft) (Keech, Erika) |
| Filing 8 NOTICE of Entry of Appearance by Steven Ward Martyn on behalf of Chuck Broerman, Chuck (I) Broerman, El Paso County, ColoradoAttorney Steven Ward Martyn added to party Chuck Broerman(pty:dft), Attorney Steven Ward Martyn added to party Chuck (I) Broerman(pty:dft), Attorney Steven Ward Martyn added to party El Paso County, Colorado(pty:dft) (Martyn, Steven) |
| Filing 7 LETTER from Clerk of Court re: service of process re: #1 Complaint. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Magistrate Judge Consent Form, #11 Rule 4) (tlove, ) |
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Filing 6
ORDER DRAWING CASE After review pursuant to D.C.COLO.LCivR 8.1(a), the court has determined that this case does not appear to be appropriate for summary dismissal. Therefore, the case will be drawn to a presiding judge. See D.C.COLO.LCivR 8.1(c). Pursuant to D.C.COLO.LCivR 40.1(d)(1), the case will be assigned to Chief Judge Philip A. Brimmer and to Chief Magistrate Judge Scott T. Varholak. Accordingly, it is ORDERED that this case shall be assigned to Chief Judge Philip A. Brimmer and to Chief Magistrate Judge Scott T. Varholak pursuant to D.C.COLO.LCivR 40.1(d)(1). By Magistrate Judge Richard T. Gurley on 11/17/2025. (norlin, )For all non-e-filer pro se parties, a copy of this document has been sent via U.S. Mail to the mailing address of record.
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| Filing 5 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons) (norlin, ) |
| Filing 4 NOTICE OF PRO SE E-FILING PRIVILEGES: Plaintiff, Keri L. Viegas, sought and received e-filing privileges on 11/14/2025. All further service will be effectuated electronically via CM/ECF to the email address of record.(Text Only Entry) (dgumb, ) |
| Filing 3 Case assigned to Magistrate Judge Richard T. Gurley for Initial Review pursuant to D.C.COLO.LCivR 8.1 (a). Text Only Entry. (echa, ) |
| Filing 2 PLAINTIFF'S EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiffs James Viegas, Keri Lynn Viegas. (echa, ) |
| Filing 1 CLAIMS/COMPLAINT and Jury Demand against Chuck Broerman, Chuck (I) Broerman, El Paso County, Colorado, Kelly J. McPherson, Roundpoint Mortgage Servicing LLC, Brian G. Sayer, Jamie G. Siler, TH MSR Holdings LLC, Zillow, Inc. (Filing Fee: $405.00, Receipt Number:116105), filed by James Viegas, Keri Lynn Viegas. (Attachments: #1 Civil Cover Sheet)(echa, ) |
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