Clark et al v. Phelps et al
Plaintiff: Merri Sue Clark and Richard W. Clark
Defendant: Annette Phelps, April Curtis, Mediation Case Manager, LSF9 Master Participation Trust, Quality Loan Service Corporation of Washington, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, Caliber Home Loans, Inc., Courtney Ruiz, Canopy Software, Inc., Fay Servicing, LLC and LSF9 Mortgage Holdings, LLC
Case Number: 6:2021cv01139
Filed: August 3, 2021
Court: US District Court for the District of Oregon
Presiding Judge: Michael J McShane
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2021 Filing 22 Notice of Change of Address. Filed by Canopy Software, Inc., April Curtis. (Kozuma, Kenji)
September 27, 2021 Filing 21 Plaintiffs' Response to Defendants Caliber Home Loans / Courtney Ruiz Motion to Dismiss #16 . Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A) (jw)
September 23, 2021 Filing 20 Reply to Motion to Dismiss Plaintiffs' Amended Complaint and Memorandum in Support Thereof Filer is subject to the requirements of Fed. R. Civ. P. 7.1 #7 Oral Argument requested. Filed by Canopy Software, Inc., April Curtis. (Kozuma, Kenji)
September 23, 2021 Filing 19 Response to Motion to Remand to State Court #15 . Filed by Fay Servicing, LLC. (Abbott, Thomas)
September 15, 2021 Opinion or Order Filing 18 Scheduling Order by Judge Michael J. McShane: Defendants unopposed emailed request for extension of time is granted. Replies to Motions to Dismiss #7 and #10 are due by 9/23/2021. Responses regarding Motion to Remand to State Court #15 are due by 9/23/2021. Ordered by Judge Michael J. McShane.(Deposited in outgoing mail to pro se party on 9/15/2021.) (cp)
September 8, 2021 Filing 17 Motion for Declaratory Judgment (Titled "Second Amended Declaratory Judgment; Mandamus; Conspiracy to Unlawfully Obtain Money from Plaintiffs; Remove Cloud; Deceit; Civil Extortion; Negligent Infliction of Emotional Distress; Defamation; Permanent Injunction; Unfair Collection Practices; Money Had and Received.") Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibits A-R) (jw)
September 8, 2021 Filing 16 Motion to Dismiss for Failure to State a Claim and Request for Judicial Notice in Support of the Motion to Dismiss Plaintiffs' Amended Complaint. Filed by Caliber Home Loans, Inc., Courtney Ruiz. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Certificate of Service) (Abbott, Thomas) Modified on 9/13/2021 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd)
September 2, 2021 Filing 15 Motion to Remand to Oregon Circuit Court. Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (jw)
September 2, 2021 Filing 14 Plaintiffs' Response to Defendants' Annette Phelps, April Curtis, Mediation Case Manager, Canopy Software, Inc. Motion to Dismiss #10 . Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F) (jw)
August 26, 2021 Filing 13 Plaintiffs' Response to Defendant Fay Servicing, LLC's Motion to Dismiss #7 . Oral Argument requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (jw)
August 16, 2021 Filing 12 Corporate Disclosure Statement . Filed by Canopy Software, Inc., April Curtis, Mediation Case Manager, Annette Phelps. (Kozuma, Kenji)
August 16, 2021 Filing 11 Notice of Related Case Filed by Canopy Software, Inc., April Curtis, Mediation Case Manager, Annette Phelps. (Kozuma, Kenji)
August 16, 2021 Filing 10 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Annette Phelps, Canopy Software, Inc., April Curtis, Mediation Case Manager. (Kozuma, Kenji)
August 10, 2021 Opinion or Order Filing 9 OPINION AND ORDER: Plaintiffs motion for a temporary restraining order, #8 is denied. Signed on 8/10/2021 by Judge Michael J. McShane. (Deposited in outgoing mail to pro se party on 8/11/2021.) (cp) Modified on 8/11/2021 to correct docket text, resent NEF(cp).
August 9, 2021 Filing 8 Plaintiff's Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. Oral Argument requested. Expedited Hearing requested. Filed by Merri Sue Clark, Richard W. Clark. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N) (jw)
August 9, 2021 Filing 7 Motion to Dismiss Plaintiffs' Amended Complaint and Memorandum in Support Thereof Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Filed by Fay Servicing, LLC. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order) (Abbott, Thomas)
August 4, 2021 Filing 6 Notice of Appearance of John M. Thomas appearing on behalf of Quality Loan Service Corporation of Washington. Filed by Quality Loan Service Corporation of Washington. (Thomas, John)
August 4, 2021 Filing 5 Clerk's Notice of Mailing to Pro Se parties Merri Sue Clark and Richard W. Clark regarding Discovery and Pretrial Scheduling Order #4 . (jw)
August 4, 2021 Opinion or Order Filing 4 Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. Discovery is to be completed by 12/2/2021. Joint Alternate Dispute Resolution Report is due by 1/3/2022. Pretrial Order is due by 1/3/2022. Ordered by Judge Michael J. McShane. (jw)
August 3, 2021 Filing 3 Corporate Disclosure Statement . Filed by Caliber Home Loans, Inc., Fay Servicing, LLC, LSF9 Master Participation Trust, LSF9 Mortgage Holdings, LLC, Courtney Ruiz, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Abbott, Thomas)
August 3, 2021 Filing 2 Notice of Related Case Filed by Caliber Home Loans, Inc., Fay Servicing, LLC, LSF9 Master Participation Trust, LSF9 Mortgage Holdings, LLC, Courtney Ruiz, U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust. (Abbott, Thomas)
August 3, 2021 Filing 1 Notice of Removal of Case Number 21CV23009 from Lane County Superior Court. Filing Fee in amount of $402 collected. Agency Tracking ID: AORDC-8180419 issued. Filer is subject to the requirements of Fed. R. Civ. P. 7.1.. Filed by LSF9 Master Participation Trust, Caliber Home Loans, Inc., U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust, LSF9 Mortgage Holdings, LLC, Fay Servicing, LLC, Courtney Ruiz (Attachments: #1 Exhibit A (First Amended Complaint), #2 Civil Cover Sheet). (Abbott, Thomas)

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Plaintiff: Merri Sue Clark
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Plaintiff: Richard W. Clark
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Defendant: Annette Phelps
Represented By: Christopher R. Burke
Represented By: Kenji Kozuma
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Defendant: April Curtis
Represented By: Christopher R. Burke
Represented By: Kenji Kozuma
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Defendant: Mediation Case Manager
Represented By: Christopher R. Burke
Represented By: Kenji Kozuma
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Defendant: LSF9 Master Participation Trust
Represented By: Thomas N. Abbott
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Defendant: Quality Loan Service Corporation of Washington
Represented By: John M. Thomas
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Defendant: U.S. Bank Trust, N.A., as Trustee for LSF9 Master Participation Trust
Represented By: Thomas N. Abbott
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Defendant: Caliber Home Loans, Inc.
Represented By: Thomas N. Abbott
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Defendant: Courtney Ruiz
Represented By: Thomas N. Abbott
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Defendant: Canopy Software, Inc.
Represented By: Christopher R. Burke
Represented By: Kenji Kozuma
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Defendant: Fay Servicing, LLC
Represented By: Thomas N. Abbott
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Defendant: LSF9 Mortgage Holdings, LLC
Represented By: Thomas N. Abbott
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