Lysyy et al v. Deutsche Bank National Trust Company et al
| Tatyana Lysyy, Vasiliy Lysyy and Defendants, Deutsche Bank National Trust Company, as trustee, on behalf of the holders of the Impac Secured Assets Corp. Mortgage Pass-Through Certificates Series 2007-1 |
| Mortgage Electronic Registration Systems, Inc., Safeguard Properties, LLC, Residential RealEstate Review, Inc., Quality Loan Service of Washington, PMC Bancorp, a foreign corporation and national association, Bank of America, N.A., Mortgage Stanley Private Bank, NA, E*Trade, Bank of America NA, Deutsche Bank National Trust Company, Impac Secured Assets Corp 2005-62, Mortgage Passthrough Certificates Series 2007-1, PMC Bancorp, Countrywide Home Loans Servicing LP, Merscorp Holdings Inc, Mortgage Electronic Registration Systems Inc, Select Portfolio Servicing Inc, Safeguard Properties LLC, Residential Real Estate Review Inc, Morgan Stanley Private Bank NA, ETrade and Does 1-20 |
| 2:2024cv00062 |
| January 12, 2024 |
| US District Court for the Western District of Washington |
| James L Robart |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal- Petition to Quiet Ti |
| None |
Docket Report
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| Filing 52 SURREPLY filed by Defendants Deutsche Bank National Trust Company, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc re #31 MOTION to Remand to King County Superior Court (Sagara, Midori) |
| Filing 51 REPLY, filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy, TO RESPONSE to #31 MOTION to Remand to King County Superior Court (Pope, Richard) |
| Filing 50 DECLARATION of Midori Sagara filed by Defendants Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B)(Sagara, Midori) |
| Filing 49 REPLY, filed by Defendants Deutsche Bank National Trust Company, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc, TO RESPONSE to #14 MOTION for Summary Judgment (Attachments: #1 Proposed Order)(Sagara, Midori) |
Filing 48
ORDER denying Defendants' #46 Motion for Leave to File Over-length Motions and Briefs. Signed by Judge James L. Robart. (SS)
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| Filing 47 OBJECTIONS re #46 MOTION for Leave to File Over-length Motions and Briefs by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy (Attachments: #1 Proposed Order Regarding Defendants' "Motion re Overlength Reply, etc.")(Pope, Richard) |
| Filing 46 MOTION for Leave to File Over-length Motions and Briefs , filed by Defendants Deutsche Bank National Trust Company, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc. (Attachments: #1 Proposed Order) Noting Date 3/5/2024, (Sagara, Midori) |
| Filing 45 RESPONSE, by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy, to #14 MOTION for Summary Judgment . Oral Argument Requested. (Pope, Richard) |
| Filing 44 DECLARATION of Vasiliy Lysyy filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy re #14 MOTION for Summary Judgment (Pope, Richard) |
| Filing 43 DECLARATION of Tatyana Lysyy filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy re #14 MOTION for Summary Judgment (Pope, Richard) |
| Filing 42 Third DECLARATION of Richard L. Pope, Jr. filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy re #14 MOTION for Summary Judgment (Pope, Richard) |
| Filing 41 DECLARATION of Midori Sagara filed by Defendants Deutsche Bank National Trust Company, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc re #31 MOTION to Remand to King County Superior Court (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Sagara, Midori) |
| Filing 40 RESPONSE, by Defendants Deutsche Bank National Trust Company, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc, to #31 MOTION to Remand to King County Superior Court. (Attachments: #1 Proposed Order)(Sagara, Midori) |
| Filing 39 NOTICE to Withdraw Pending Motion re #2 MOTION for Partial Summary Judgment ; by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy. (Pope, Richard) |
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Filing 38
ORDER granting Parties' #37 Agreed Stipulated MOTION Re Dismissal of MERS with Prejudice. Defendant Mortgage Electronic Registration Systems, Inc. is dismissed from this lawsuit with prejudice and without costs to any party. Signed by Judge James L. Robart. (SS)
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| Filing 37 Agreed Stipulated MOTION Re Dismissal of MERS with Prejudice, filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc. Noting Date 2/27/2024, (Sagara, Midori) |
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Filing 36
MINUTE ORDER: The Court GRANTS Plaintiffs' request to extend the noting date by one week. The Clerk is DIRECTED to re-note Defendants' motion for summary judgment (Dkt. #14 ) for 3/8/2024. Plaintiffs shall file their response by no later than 3/4/2024. Defendants shall file their reply by no later than 3/8/2024. Authorized by Judge James L. Robart. (SS)
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| Filing 35 DECLARATION of Richard L. Pope, Jr. filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy re #14 MOTION for Summary Judgment (Pope, Richard) |
| Filing 34 RESPONSE, by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy, to #14 MOTION for Summary Judgment . Oral Argument Requested. (Attachments: #1 Exhibit 1: Plaintiffs' Motion for Partial Summary Judgment, #2 Exhibit 2: Declaration of Richard L. Pope, Jr., filed December 29, 2023 (state sub # 68))(Pope, Richard) |
| Filing 33 REQUEST for Extension of Noting Date for Defendants' Motion for Summary Judgment (Plaintiffs seeking more time to respond) by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy re #14 MOTION for Summary Judgment (Pope, Richard) |
| Filing 32 NOTICE of Voluntary Dismissal as to party(s) Morgan Stanley Private Bank NA (a foreign corporation), PMC Bancorp (a foreign corporation and national association), Bank of America NA (Successor by Merger ) and ETrade (a foreign corporation), filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy. (Pope, Richard) |
| Filing 31 MOTION to Remand to King County Superior Court, filed by All Plaintiffs. (Attachments: #1 Proposed Order Granting Motion to Remand to King County Superior Court) Noting Date 3/8/2024, (Pope, Richard) |
| Filing 30 SERVICE OF SUMMONS and Complaint returned executed upon defendant Select Portfolio Servicing Inc on 10/27/2022 (executed by state court summons before removal) (Pope, Richard) |
| Filing 29 SERVICE OF SUMMONS and Complaint returned executed upon defendant Safeguard Properties LLC on 10/27/2022 (executed by state court summons before removal) (Pope, Richard) |
| Filing 28 SERVICE OF SUMMONS and Complaint returned executed upon defendant Residential Real Estate Review Inc on 10/27/2022 (executed by state court summons before removal) (Pope, Richard) |
| Noting Date Set/Reset: Plaintiffs' #2 MOTION for Partial Summary Judgment re-noted for 3/1/2024, per request of chambers. (SS) |
| Filing 27 DECLARATION of Midori Sagara filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #2 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A-H)(Sagara, Midori) |
| Filing 26 DECLARATION of Stephen Meyer filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #2 MOTION for Partial Summary Judgment (Sagara, Midori) |
| Filing 25 DECLARATION of Patrick Pittman filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #2 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A-P)(Sagara, Midori) |
| Filing 24 DECLARATION of Michael Marquardt filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #2 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A-B)(Sagara, Midori) |
| Filing 23 DECLARATION of Aleksandr G. Kanonik filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #2 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A-F)(Sagara, Midori) |
| Filing 22 DECLARATION of Edward Huletz filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #2 MOTION for Partial Summary Judgment (Attachments: #1 Exhibit A)(Sagara, Midori) |
| Filing 21 RESPONSE, by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc, to #2 MOTION for Partial Summary Judgment. Oral Argument Requested. (Attachments: #1 Proposed Order)(Sagara, Midori) |
| Filing 20 DECLARATION of Midori Sagara filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (Attachments: #1 Exhibit A-H)(Sagara, Midori) |
| Filing 19 DECLARATION of Stephen Meyer filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (Sagara, Midori) |
| Filing 18 DECLARATION of Patrick Pittman filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Sagara, Midori) |
| Filing 17 DECLARATION of Michael Marquardt filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (Attachments: #1 Exhibit A-B)(Sagara, Midori) |
| Filing 16 DECLARATION of Aleksandr G. Kanonik filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (Attachments: #1 Exhibit A-F)(Sagara, Midori) |
| Filing 15 DECLARATION of Edward Huletz filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Select Portfolio Servicing Inc re #14 MOTION for Summary Judgment (Attachments: #1 Exhibit A)(Sagara, Midori) |
| Filing 14 MOTION for Summary Judgment , filed by Defendants Deutsche Bank National Trust Company, Mortgage Electronic Registration Systems Inc, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 3/8/2024 3/1/2024, (Sagara, Midori) Modified noting date on 2/27/2024 (SS). |
| Filing 13 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Corporate Parent SP Holding Enterprises Corp, Corporate Parent Credit Suisse (USA), Inc for Residential Real Estate Review Inc. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Residential Real Estate Review Inc. (Sagara, Midori) |
| Filing 12 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Corporate Parent SP Holding Enterprises Corp, Corporate Parent Credit Suisse (USA) Inc. for Select Portfolio Servicing Inc. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Select Portfolio Servicing Inc. (Sagara, Midori) |
| Filing 11 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Corporate Parent MERSCORP Holdings Inc, Corporate Parent Intercontinental Exchange Inc, Corporate Parent ICE Mortgage Services LLC for Mortgage Electronic Registration Systems Inc. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Mortgage Electronic Registration Systems Inc. (Sagara, Midori) |
| Filing 10 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Corporate Parent Safeguard Holdings, L.P. for Safeguard Properties LLC. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Safeguard Properties LLC. (Sagara, Midori) |
| Filing 9 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Corporate Parent Deutsche Bank AG, Corporate Parent Deutsche Bank Trust Corporation, Corporate Parent Deutsche Bank Holdings, Inc. for Deutsche Bank National Trust Company. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by Deutsche Bank National Trust Company. (Sagara, Midori) |
| Filing 8 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal, by Mortgage Electronic Registration Systems Inc.(Sagara, Midori) |
| Filing 7 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal, by Deutsche Bank National Trust Company, Residential Real Estate Review Inc, Safeguard Properties LLC, Select Portfolio Servicing Inc.(Sagara, Midori) |
| Filing 6 SERVICE OF SUMMONS and Complaint returned executed upon defendant Safeguard Properties LLC on 12/27/2023 (executed by state court summons before removal) (Pope, Richard) |
| NOTICE of Docket Text Modification re Plaintiffs' #2 MOTION for Partial Summary Judgment and NOTICE of Motion Re-Noted: the Motion for Partial Summary Judgment at Dkt. #2 -1 re-noted by clerk for 2/9/2024, pursuant to LCR 101(d) and LCR7(d), per chambers direction. (KRA) |
| Case randomly reassigned in rotation to Judge James L. Robart. Judge Marsha J. Pechman no longer assigned to case. (ELS) |
| Filing 5 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (CR) |
| Judge Marsha J. Pechman added. (CR) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), DEFENDANT(S) must file a Corporate Disclosure Statement by 1/24/2024. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (CR) |
| Filing 4 PRAECIPE re #1 Notice of Removal, Request for Clerk to Correct Docket (to list correct Plaintiffs and correct Defendants) by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy (Pope, Richard) |
| Filing 3 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Plaintiff Defendants, Deutsche Bank National Trust Company, as trustee, on behalf of the holders of the Impac Secured Assets Corp. Mortgage Pass-Through Certificates Series 2007-1 (Attachments: #1 Exhibit 1-25, #2 Exhibit 26-74)(Sagara, Midori) |
| Filing 2 MOTION for Partial Summary Judgment and NOTICE that the following is RE-NOTED: Filed by Plaintiffs Tatyana Lysyy, Vasiliy Lysyy. Noting Date 3/1/2024 2/9/2024 1/26/2024, (Attachments: #1 Exhibit 1: Motion for Partial Summary Judgment, filed December 29, 2023 (state sub # 67), #2 Exhibit 2: Declaration of Richard L. Pope, Jr., filed December 29, 2023 (state sub # 68), #3 Exhibit 3: Notice of Hearing for January 26, 2024, filed November 20, 2023 (state sub # 56), #4 Exhibit 4: Certificate of E-service, filed November 20, 2023 (state sub # 57), #5 Exhibit 5: Certificate of E-service, filed December 29, 2023 (state sub # 69), #6 Exhibit 6: Case Docket, King County Superior No. 22-2-11294-8 KNT, #7 Proposed Order Granting Motion for Partial Summary Judgment)(Pope, Richard) Modified on 1/18/2024 to update event type and title to reflect Motion for Partial Summary Judgment per the attachment at Dkt. #2 -1, re-noted per chambers direction, per LCR 7(d)(KRA). Modified noting date on 2/9/2024 (SS). |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 22-2-11294-8; (Receipt # AWAWDC-8311888) filed by Defendants, Deutsche Bank National Trust Company, as trustee, on behalf of the holders of the Impac Secured Assets Corp. Mortgage Pass-Through Certificates Series 2007-1. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 Amended Complaint)(Sagara, Midori) (Attachment 1 replaced on 1/18/2024 due to malformed PDF) (CDA). |
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