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MOTION to REMAND and STRIKE

MOTION to REMAND and STRIKE

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Published by Sam Salmon
Unqualified Counsel
Unqualified Counsel

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Published by: Sam Salmon on Feb 17, 2011
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12/16/2011

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MOTION TO REMAND - 1
No. 2 :10-CV-00446-RMP
Salmon Residence917C Philpott Rd.Colville, WA 99114srslunop@gmail.com509-684-8841
 
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Samuel SalmonRoxy SalmonSalmon Residence917C Philpott Rd.Colville, WA 99114
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF WASHINGTONAT SPOKANE
Samuel Salmon and Roxy Salmon,Plaintiff,vs.Bank of America, Recontrust, MERS,Merscorp Inc.,Defendant
 ))))))))))))Case No. 2 :10-CV-00446-RMPMOTION TO REMANDMOTION TO STRIKEREQUIRED PAYMENT OF JUST COSTSFOR REMAND
TO: The Honorable Judges of the United States District Court EasternDistrict of Washington at Spokane:
Comes now plaintiff Samuel Salmon in response to the notice of removal by thealleged attorney in fact Lane Powell, and the undersigned John S. Devlin for thedefendants, the plaintiff hereby submits this MOTION TO REMAND pursuant 28USC §§ 1332 (c)(1), 1441(a), and MOTION TO STRIKE pursuant FED. R. CIV.P. 12 (F), and RCW 11.94.100, and REQUIRED PAYMENT OF JUST COSTSpursuant 28 USC § 1447 (c)
MOTION TO REMAND
The Salmons in review of these codes, declare the subject matter of diversity to beentirely irrelevant in this case, but specifically relevant only to the diversity of 
 
 
MOTION TO REMAND - 2
No. 2 :10-CV-00446-RMP
Salmon Residence917C Philpott Rd.Colville, WA 99114srslunop@gmail.com509-684-8841
 
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individuals sued as individuals and not sued under fictitious names, whosecitizenship is not in the state wherein the action is commenced. It would seem agross misinterpretation of these codes regarding the subject matter of removal bythe diversity claim for these defendant corporations as listed under their fictitiousnames, and those individually named representatives listed under them, for thefollowing reasons.
1.
 
Pursuant 28 USC §§ 1332 (c)(1) “a corporation shall be deemed to be acitizen of any State by which it has been incorporated
and
of the State where ithas its principal place of business”. The word “
and”
in this code must bedisregarded, in order to claim diversity of these fictitiously named corporations,as these corporations, or their wholly owned subsidiaries are all registered in theState of Washington and have acquired the required UBI numbers to operate inthis state.
WASHINGTON STATE REGISTERED UBI NUMBERS FORDEFENDANTS
a.
 
Bank of America NA UBI# 600497999b.
 
Recontrust LLC UBI# 602076404c.
 
Merscorp DBA MERS UBI# 602929654
2.
 
Furthermore, because
all
defendants are being sued under fictitious namesthe alleged grounds for removal regarding diversity must be disregarded pursuant28 USC 1441(a), which specifically states “For purposes of removal under this
 
 
MOTION TO REMAND - 3
No. 2 :10-CV-00446-RMP
Salmon Residence917C Philpott Rd.Colville, WA 99114srslunop@gmail.com509-684-8841
 
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chapter, the citizenship of defendants sued under fictitious names shall bedisregarded.” Hereby as the individual defendants are being sued under theircorporations’ fictitious names, diversity is
not
an issue for removal in this caseand therefore this case must be remanded.
MOTION TO STRIKE
PURSUANT FED. R. CIV. P. 12 (F), AND RCW 11.94.100WHERE IS THE POWER OF ATTORNEY?
3.
 
Regarding the matter of whether the alleged representative Lane Powell forthese defendants, is in deed the attorney in fact or not, pursuant FED. R. CIV. P.12 (F) and RCW 11.94.100. This issue is of major concern as the defendant Bank of America has been in contact with the Salmons through its own Office of theCEO and President by a letter dated December 16, 2010, post marked December20, 2010, and received in the Salmons possession on December 24, 2010. Theletter directly addresses the basic foundational matter of the alleged note owner.This is foundational material for the Salmons’ case. This letter was in response tothe Comptroller of the Currency Administrator of National Banks case #01306002 Exhibit (I) opened on November 17, 2010 as the result of a letter sentby the Salmons to the Washington State Attorney Generals office in Septemberof 2010, who then forwarded the letter to the Comptroller of the Currency’soffice.

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