This case was last updated from PACER on 10/02/2021 at 08:26:38 (UTC).

Clark et al v. Phelps et al

Case Summary

On 08/03/2021 Clark filed a Property - Foreclosure lawsuit against Phelps. This case was filed in U.S. District Courts, Oregon District. The Judge overseeing this case is Michael J. McShane. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01139

  • Filing Date:

    08/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Foreclosure

Judge Details

Presiding Judge

Michael J. McShane

 

Party Details

Plaintiffs

Merri Sue Clark

Eugene, OR 97405

Richard W. Clark

Eugene, OR 97405

Defendants

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

LSF9 Mortgage Holdings, LLC

Attorney/Law Firm Details

Defendant Attorneys

Christopher R. Burke

Attorney at MKB Lawyers

3635 S Hood Avenue

Portland, OR 97239

Kenji Kozuma

Attorney at Kozuma Law LLC

3723 N Williams Avenue

Portland, OR 97227

Thomas N. Abbott

Attorney at Perkins Coie, LLP

1120 Nw Couch Street, 10Th Floor

Portland, OR 97209-4128

John M. Thomas

Attorney at McCarthy & Holthus

920 Sw Third Avenue, First Floor

Portland, OR 97204

 

Court Documents

#22

(#22) Notice of Change of Address. Filed by Canopy Software, Inc., April Curtis. (Kozuma, Kenji) (Entered: 09/29/2021)

21 #1

Exhibit A

#21

(#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) (Entered: 09/27/2021)

#20

(#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) (Entered: 09/23/2021)

16 #3

Certificate of Service

16 #2

Proposed Order

16 #1

Request for Judicial Notice

#16

(#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) (Entered: 09/08/2021)

15 #2

Exhibit B

7 #1

Request for Judicial Notice

#7

(#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) (Entered: 08/27/2021)

#6

(#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) (Entered: 08/04/2021)

#4

(#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) (Entered: 08/04/2021)

#3

(#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) (Entered: 08/03/2021)

#2

(#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) (Entered: 08/03/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit A (First Amended Complaint)

#1

(#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) (Entered: 08/03/2021)

56 More Documents Available

 

Docket Entries

  • 09/29/2021
  • View Court Documents
  • Docket(#22) Notice of Change of Address. Filed by Canopy Software, Inc., April Curtis. (Kozuma, Kenji) (Entered: 09/29/2021)

    Read MoreRead Less
  • 09/27/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/27/2021)

    Read MoreRead Less
  • 09/23/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/23/2021)

    Read MoreRead Less
  • 09/23/2021
  • View Court Documents
  • Docket(#19) Response to Motion to Remand to State Court #15 . Filed by Fay Servicing, LLC. (Abbott, Thomas) (Entered: 09/23/2021)

    Read MoreRead Less
  • 09/15/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/15/2021)

    Read MoreRead Less
  • 09/08/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/09/2021)

    Read MoreRead Less
  • 09/08/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/08/2021)

    Read MoreRead Less
  • 09/02/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/02/2021)

    Read MoreRead Less
  • 09/02/2021
  • View Court Documents
  • Docket(#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) (Entered: 09/02/2021)

    Read MoreRead Less
  • 08/26/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/27/2021)

    Read MoreRead Less
2 More Docket Entries
  • 08/16/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/16/2021)

    Read MoreRead Less
  • 08/10/2021
  • View Court Documents
  • Docket(#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). (Entered: 08/10/2021)

    Read MoreRead Less
  • 08/09/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/09/2021)

    Read MoreRead Less
  • 08/09/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/09/2021)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/04/2021)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/04/2021)

    Read MoreRead Less
  • 08/04/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/04/2021)

    Read MoreRead Less
  • 08/03/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/03/2021)

    Read MoreRead Less
  • 08/03/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/03/2021)

    Read MoreRead Less
  • 08/03/2021
  • View Court Documents
  • Docket(#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) (Entered: 08/03/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where LSF9 Mortgage Holdings, LLC is a litigant

Latest cases where LSF9 Master Participation Trust is a litigant

Latest cases where Fay Servicing, LLC is a litigant

Latest cases where Quality Loan Service Corporation is a litigant