Strickland v. Wilmington Trust, N.A. et al
| Kemp Strickland |
| Wilmington Trust, N.A. and Citizens Bank, N.A. |
| 3:2023cv01126 |
| August 2, 2023 |
| US District Court for the District of Oregon |
| Stacie F Beckerman |
| Karin J Immergut |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| None |
Docket Report
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Filing 20
ORDER: This Court DENIES Plaintiff's Amended Motion for Entry of Default, ECF #18 , for insufficient service with leave to renew if appropriate. "When a case is removed from state court to federal court, the question whether service of process was sufficient prior to removal is governed by state law." Whidbee v. Pierce Cnty., 857 F.3d 1019, 1022 (9th Cir. 2017). Service to corporations under Oregon law is governed by O.R.C.P. 7D(3)(b). Plaintiff has not complied with this rule by serving a manager of a Citizens Bank branch in Rhode Island, ECF #19 . See O.R.C.P. 7D(3)(b)(ii)(C) (requiring that for corporations not registered in Oregon, plaintiffs should mail "true copies of the summons and the complaint to... the principal office or place of business of the corporation; and, in any case, to any address the use of which the plaintiff knows or has reason to believe is most likely to result in actual notice"). Accordingly, pursuant to O.R.C.P. 7D(3)(b)(ii)(C), Plaintiff is ORDERED to mail a copy of the Summons, Complaint, ECF [1-1], and Amended Motion for Entry of Default, ECF #18 , to Defendant's registered agent at its principal place of business, Rhode Island, and its state of incorporation, Delaware. Plaintiff should refer to each state's respective Secretary of State's website to find the addresses of the registered agents. This will also ensure that Defendant Citizens Bank, N.A., receives fair notice of this suit consistent with the Federal Rules of Civil Procedure. See Whidbee, 857 F.3d at 1023 ("Rule 4 is a flexible rule that should be liberally construed so long as a party receives sufficient notice of the complaint." (citation omitted)). Ordered by Judge Karin J. Immergut. (jy)
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Filing 19
Amended Declaration of Kelsey M. Peddie . Filed by Kemp Strickland. (Related document(s): Motion for default #18 .) (Peddie, Kelsey)
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Filing 18
Amended Motion for Entry of Default as to Defendant Citizens Bank N.A. Filed by Kemp Strickland. (Peddie, Kelsey)
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Filing 17
ORDER: Plaintiff is ORDERED to provide documentation by 9/7/2023 showing that service on Defendant Citizens Bank, N.A. was sufficient in support of Plaintiff's Motion for Entry of Default, ECF #11 . Plaintiff's Amended Motion for Default Judgment, ECF #15 , is DENIED with leave to refile in the event Plaintiff's Motion for Entry of Default is granted. Ordered by Judge Karin J. Immergut on 8/31/2023. (jy)
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Filing 16
Amended Declaration of Kelsey M. Peddie . Filed by Kemp Strickland. (Related document(s): Motion for default judgment #15 .) (Peddie, Kelsey)
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Filing 15
Amended Motion for Default Judgment . Filed by Kemp Strickland. (Peddie, Kelsey)
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Filing 14
Declaration of Kelsey M. Peddie . Filed by Kemp Strickland. (Related document(s): Motion for default judgment #13 .) (Peddie, Kelsey)
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Filing 13
Motion for Default Judgment . Filed by Kemp Strickland. (Peddie, Kelsey)
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Filing 12
Declaration of Kelsey M. Peddie . Filed by Kemp Strickland. (Related document(s): Motion for default #11 .) (Peddie, Kelsey)
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Filing 11
Motion for Entry of Default . Filed by Kemp Strickland. (Peddie, Kelsey)
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Filing 10
ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO ANSWER PLAINTIFF'S COMPLAINT: Defendant's Unopposed Motion for Extension of Time to Answer Plaintiff's Complaint, ECF #8 , is GRANTED for good cause. Defendant's answer to Plaintiff's complaint, ECF #1 , is due 9/11/2023. Ordered on 8/21/2023 by Judge Karin J. Immergut. (jy)
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Filing 9
Notice of Dismissal of Party Wilmington Trust, N.A. . Filed by Kemp Strickland. (Peddie, Kelsey)
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Filing 8
Unopposed Motion for Extension of Time to Answer to Plaintiff's Complaint. Filed by Wilmington Trust, N.A.. (Abbott, Thomas)
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Filing 7
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Youlee Yim You to Judge Karin J. Immergut. (eo)
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Filing 6
Notice of Case Reassignment: This case has been reassigned from Judge Michael J. McShane to Magistrate Judge Youlee Yim You. (cw)
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Filing 5
Declaration of Thomas N. Abbott . Filed by Wilmington Trust, N.A.. (Related document(s): Notice #4 .) (Attachments: #1 Exhibit A, #2 Exhibit B) (Abbott, Thomas)
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Filing 4
Notice of Related Case Filed by Wilmington Trust, N.A.. (Abbott, Thomas)
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Filing 3
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Stacie F. Beckerman to Judge Michael J. McShane. (eo)
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Filing 2
Notice of Case Assignment to Magistrate Judge Stacie F. Beckerman and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 11/30/2023. Joint Alternate Dispute Resolution Report is due by 1/2/2024. Pretrial Order is due by 1/2/2024. Ordered by Magistrate Judge Stacie F. Beckerman. (dino)
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Filing 1
Notice of Removal of Case Number 23CV28063 from Clackamas County Circuit Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-9033715 issued.. Filed by Wilmington Trust, N.A., as trustee for MFRA Trust 2014-2 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet). (Abbott, Thomas) Modified on 8/2/2023 to correct filer and update the represented party (sb).
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