Malone v. Graystone Mortgage et al
| Mark Andrew Malone |
| Graystone Mortgage, Planet Home Lending, Michael Dubeck and Kip V. Myers |
| 2:2025cv00944 |
| October 23, 2025 |
| U.S. District Court for the District of Utah |
| Daphne A Oberg |
| Robert J Shelby |
| Real Property: Foreclosure |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 2, 2026. A more recent docket listing may be available from PACER.
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Filing 45
MOTION for Leave to File Second Amend Complaint re #29 Amended Complaint, filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Second Amended Complaint and Jury Demand, #2 Table of Authorities, #3 Exhibit, #4 Envelope) Motions referred to Daphne A. Oberg.(mh)
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Filing 44
NOTICE of Lis Pendens filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Envelope) (mh)
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Filing 43
REPLY to Response to Motion re #34 Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Graystone Mortgage, Kip V. Myers. (Day, Michael)
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Filing 42
NOTICE OF CORRECTED CERTIFICATE OF SERVICE by Mark Andrew Malone re #37 Opposition to Defendants Motion to Dismiss. (Attachments: #1 Envelope)(mh)
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Filing 41
NOTICE of SUPPLEMENTAL AUTHORITY by Mark Andrew Malone. (Attachments: #1 Exhibit, #2 Envelope) (mh)
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Filing 40
REPLY to Response to Motion re #33 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Michael Dubeck, Planet Home Lending. (Witcher, Rachel)
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Filing 39
DOCKET TEXT ORDER: Within his #37 Opposition to Defendants' motions to dismiss, Plaintiff appears to move for leave to file an amended complaint. A party may not make a motion within a response brief. See DUCivR 7-1(a)(3). Plaintiff must file a separate motion if he seeks leave to amend his #29 Amended Complaint. Signed by Magistrate Judge Daphne A. Oberg on 3/27/2026. No attached document.(cpb)
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Filing 38
Modification of Docket re #37 : Entry title renamed as Opposition to Defendants #33 #34 Motions to Dismiss and motion terminated per chambers. (mh)
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Filing 37
Opposition to Defendants #33 #34 Motions to Dismiss MOTION for Opposition to Defendants Motion to Dismiss. Filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Text of Proposed Order, #2 Exhibit Table of Authorities, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Certificate of Service, #10 Envelope) Motions referred to Daphne A. Oberg.(mh) Modified on 3/27/2026 event retitled and motion terminated per chambers (mh). (Attachment 8 replaced on 4/6/2026) (kec).
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Filing 36
DOCKET TEXT ORDER denying #25 Motion for Notice of Clarification. Plaintiff files this motion "to assist the court in managing the procedural posture of this case" by explaining several of his prior motions. However, Plaintiff does not appear to request any relief separate from relief he has already requested in those prior motions, some of which has already been granted (e.g., leave to file his first amended complaint and dismissal of moot motions to dismiss). (See Doc. Nos. #28 , #30 .) Accordingly, Plaintiff's motion for notice of clarification is denied. Signed by Magistrate Judge Daphne A. Oberg on 3/5/2026. No attached document. (cpb)
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Filing 35
DOCKET TEXT ORDER denying without prejudice #3 Motion for Protective Order. Pursuant to DUCivR 26-2, the District of Utah's Standard Protective Order, available at https://www.utd.uscourts.gov/usdc-forms, governs in every civil case unless the court enters a different protective order, and it need not be entered in the docket of a specific case. To the extent Plaintiff moves for entry of the Standard Protective Order, this motion is unnecessary. Otherwise, Plaintiff's motion does not state whether or how the protective order he seeks is different from the Standard Protective Order. Indeed, it is unclear what protective order he seeks. And his motion purports to be based on "the parties' representations in the Attorney Planning Meeting Report," but Plaintiff does not provide any such report. Indeed, he filed this motion before Defendants had appeared in this case. Accordingly, the motion is DENIED without prejudice. If the parties seek entry of an order that differs from the Standard Protective Order, they may file a new motion explaining those differences and the basis for the request when appropriate. Signed by Magistrate Judge Daphne A. Oberg on 3/5/2026. No attached document. (cpb)
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Filing 34
Defendant's MOTION to Dismiss and Memorandum in Support filed by Defendants Graystone Mortgage, Kip V. Myers. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg. Attorney Michael E. Day added to party Kip V. Myers(pty:dft)(Day, Michael)
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Filing 33
Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Michael Dubeck, Planet Home Lending. (Attachments: #1 Request for Judicial Notice) Motions referred to Daphne A. Oberg. Attorney Rachel C. Witcher added to party Michael Dubeck(pty:dft)(Witcher, Rachel)
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Filing 32
DOCKET TEXT ORDER: On February 11, 2026, the court granted Mr. Malone's motion to amend his complaint (see Doc. No. #28 ) and filed his proposed amended complaint and exhibits on the docket as the operative Amended Complaint (Doc. No. #29 ). However, on February 20, 2026, Mr. Malone filed a document described as an amended complaint (Doc No. #31 ), stating he filed it pursuant to the court's order granting leave to amend. Where the Amended Complaint #29 has already been filed on the docket, Mr. Malone's February 20 filing (Doc. No. #31 ) is STRICKEN. The Amended Complaint #29 docketed by the court on February 11, 2026, is the operative pleading. Signed by Magistrate Judge Daphne A. Oberg on 2/24/2026. (med)
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Filing 31
STRICKEN PER 32 DOCKET TEXT ORDER NOTICE OF FILING re #29 Amended Complaint, filed by Plaintiff Mark Andrew Malone. (mh) Modified on 2/24/2026 by striking (mh).
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Filing 30
ORDER: Denied as moot #11 Motion to Dismiss; Denied as moot #22 Motion to Dismiss. The two Motions challenge a complaint that is no longer operative. Signed by Judge Robert J. Shelby on 02/12/2026. (kpf)
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Filing 29
AMENDED COMPLAINT against Graystone Mortgage, Planet Home Lending, Michael Dubeck, Kip V. Myers with Jury Demand. Filed by Mark Andrew Malone. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K) (mh)
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Filing 28
ORDER granting #24 Motion to Amend Complaint. Signed by Magistrate Judge Daphne A. Oberg on 2/11/2026. (mh)
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Filing 27
DOCKET TEXT ORDER: Plaintiff has filed a motion (Doc. No. #17 ) asking the court to deny "the Defendants Summary Judgment Motion," which he also describes as his "Litigation Packet to oppose defendants' summary judgment Motion." No defendant has moved for summary judgment. However, this appears to be a response to Defendant Planet Home Lending' motion to dismiss the complaint (Doc. No. #11 ). Accordingly, the court construes Document No. #17 as Plaintiff's opposition to Defendant Planet Home Lending's #11 Motion to Dismiss. The docket will be corrected to reflect the same. Signed by Magistrate Judge Daphne A. Oberg on 2/9/2026. No attached document(cpb)
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Filing 26
MOTION for: Notice of Ongoing Irreparable Harm and Request for Status Conference or Hearing as the court sees fit. Filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Envelope) Motions referred to Daphne A. Oberg.(mh)
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Filing 25
MOTION for Notice of Clarification filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Envelope) Motions referred to Daphne A. Oberg.(mh)
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Filing 24
MOTION for Leave to file First Amend Complaint re #1 Complaint, filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Envelope) Motions referred to Daphne A. Oberg.(mh)
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Filing 23
EXHIBITS filed by Graystone Mortgage re #22 MOTION to Dismiss . (Day, Michael)
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Filing 22
MOTION to Dismiss filed by Defendant Graystone Mortgage. Motions referred to Daphne A. Oberg. Attorney Michael E. Day added to party Graystone Mortgage(pty:dft)(Day, Michael)
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Filing 21
Correspondence from Mark Malone to Mr. Snow (Attachments: #1 Exhibit 47, #2 Envelope) (mh)
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Filing 20
CERTIFICATE OF SERVICE by Mark Andrew Malone. (Attachments: #1 Envelope)(mh)
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Filing 19
DOCKET TEXT ORDER granting in part and denying in part #18 Motion for Extension of Time to File Response. Mr. Malone moves for a 60-day extension of time under Rule 56(d), claiming he needs "essential discovery to fairly oppose summary judgment." But Defendants have not moved for summary judgment. Nevertheless, construing this as a motion for extension of time to respond to Defendants' pending motion to dismiss (Doc. No. #11 ), Mr. Malone's deadline to respond to that motion is extended to 1/7/2026. Signed by Magistrate Judge Daphne A. Oberg on 12/8/2025. No attached document. (cpb)
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Filing 18
MOTION for Extension of Time to File Response/Reply under Rule 56D. Filed by Plaintiff Mark Andrew Malone. Motions referred to Daphne A. Oberg.(mh)
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Filing 17
MOTION for Denial and or Dismissal of the Defendants Summary Judgement Motion Received by Mail to Plaintiff on 11-13-2025. Filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Exhibit, #2 Proof of Service, #3 Envelope) Motions referred to Daphne A. Oberg.(mh)
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Filing 16
Summons Issued as to Planet Home Lending. (kop)
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Filing 15
Summons Issued as to Graystone Mortgage. (kop)
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Filing 14
REQUEST for Judicial Notice in Support of Planet Home Lending CEO Michael Dubeck's Opposition to Motion for Injunctive Relief filed by Defendant Planet Home Lending. (Witcher, Rachel)
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Filing 13
MEMORANDUM in Opposition re #7 MOTION for Preliminary Injunction MOTION for Protective Order filed by Defendant Planet Home Lending. (Witcher, Rachel)
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Filing 12
REQUEST for Judicial Notice in Support of Planet Home Lending CEO Michael Dubeck's Motion to Dismiss re #11 MOTION to Dismiss and Memorandum in Support filed by Defendant Planet Home Lending. (Witcher, Rachel)
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Filing 11
MOTION to Dismiss and Memorandum in Support filed by Defendant Planet Home Lending. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg. Attorney Rachel C. Witcher added to party Planet Home Lending(pty:dft)(Witcher, Rachel)
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Filing 10
Case randomly assigned to Judge Robert J. Shelby per DTO 9 . Magistrate Judge Daphne A. Oberg is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Daphne A. Oberg no longer assigned as the presiding judge to the case. Motions referred to Daphne A. Oberg.(sg)
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Filing 9
DOCKET TEXT ORDER TO REASSIGN CASE: Due to Plaintiff's filing of a motion for injunctive relief #7 , this case shall be reassigned to a district judge, with an automatic referral under 28 U.S.C. 636(b)(1)(B) to the undersigned magistrate judge, pursuant to DUCivR 72-3(d)(2)(A). Signed by Magistrate Judge Daphne A. Oberg on 11/6/2025. No attached document (med)
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Filing 8
EXHIBITS 43-44 filed by Mark Andrew Malone. (sg)
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Filing 7
MOTION for Injunction Relief and MOTION for Protective Order/Court Hearing filed by Plaintiff Mark Andrew Malone. (Attachments: #1 Envelope )(sg)
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Filing 6
EXHIBITS filed by Mark Andrew Malone. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 17, #20 Exhibit 19, #21 Exhibit 19, #22 Exhibit 19, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21-23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 38, #34 Exhibit 39, #35 Exhibit 40, #36 Exhibit 41, #37 Exhibit 42, #38 Exhibit 43)(sg) (Attachment 35 replaced on 11/10/2025) (kec). (Additional attachment(s) added on 11/10/2025: #39 Exhibit 44) (kec).
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Filing 5
NOTICE OF DEFICIENCY re #4 Request Summons. Plaintiff submitted "Summons" for defendants and other parties, the court can only issue 1 summons per defendant. Plaintiff is instructed to resubmit and provide 1 summons form for each defendant, the court cannot issue summons for parties who are not on the case. (sg)
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Filing 4
Requested Summons as to Graystone Mortgage, Planet Home Lending. (sg)
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Filing 3
MOTION for Standard Protective Order filed by Plaintiff Mark Andrew Malone. (sg) Modified on 10/24/2025 (sg).
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Filing 2
Modification of Docket: Correction: Added "Table of Contents" and "Envelope" as attachments to the complaint.re #1 Complaint. (sg)
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Filing 1
COMPLAINT against Graystone Mortgage, Planet Home Lending (Filing fee $ 405, receipt number 11878) filed by Mark Andew Malone. (Attachments: #1 Legal Conclusions, #2 Request for Relief, #3 Table of Authorities, #4 Subpoena's, #5 Other Documents #6 Civil Cover Sheet) Assigned to Magistrate Judge Daphne A. Oberg (sg) (Additional attachment(s) added on 10/24/2025: #7 Envelope ) (sg). (Additional attachment(s) added on 10/24/2025: #8 Table of Contents) (sg).
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