1 Samuel Salmon Judge Rosanna Malouf Peterson

Roxy Salmon
2 Salmon Residence
917C Philpott Rd.
3 Colville, WA 99114
Telephone: 509-684-8841
4 Email: srslunop@gmail.com
5

6 UNITED STATES DISTRICT COURT

7 EASTERN DISTRICT OF WASHINGTON
8 AT SPOKANE
9
)
10 Samuel Salmon and Roxy Salmon, )
) Case No. 2:10-CV-00446-RMP
11 Plaintiff, )
)
12 vs. ) REPLY TO DEFENDANTS
) OPPOSITION TO REMAND AND
13 Bank of America, Recontrust, MERS, ) STRIKE
)
14 Merscorp Inc., )
)
15 Defendant )
16

17 SUPPORT OF MOTION TO REMAND

18 1. Lane Powell suggests that the defendants Bank of America et al, are
19 diverse in their citizenship, and cites United Computer Systems, Inc. v. AT
20 & T Corp., 298 F.3d 756, 763 (9th Cir. 2002), to support their claim. In this
21 decision, the following is stated, which shows this decision to be irrelevant
22 to this case for diversity purposes:
23 a. “A court is to consider a number of factors, including "location of
24 employees, tangible property, production activities, sources of
25

Reply to Defendants Opposition to Salmon Residence

917C Philpott Rd.
Remand Page 1 of 5 Colville, WA 99114
Case No. 2:10-CV-00446-RMP Telephone: 509-684-8841
1 income, and where sales take place." Id.; see also Albino, 349 F.
2 Supp. 2d at 1337.
3 2. The defendants are established businesses in this state with their UBI
4 numbers listed. The defendants with their buildings and employees, etc.,
5 are operating and sustaining a substantial amount of business revenue in
6 this state of Washington.
7 3. Salmons understood that the “citizenship of defendants sued under
8 fictitious names” was referring to the registration of fictitious names as in a
9 business name or a corporation which is filed under a “fictitious name” and
10 offers protection as a “corporate veil” or for all corporate officers listed
11 under this fiction.
12

13 SUPPORT OF MOTION TO STRIKE

14
LANE POWELL FAILS TO QUALIFY AS THE
15 DEFENDANTS’ REPRESENTATIVE
16 Salmons believe the more important issue here is the qualification of Lane

17 Powell as the defendants’ legal representative. Due to the apparent missing

18 power of attorney for each of the defendants Lane Powell has represented,

19 Salmons rightfully question the real legal authority Lane Powell has in
20 appearing for their alleged clients.

21 THEREFORE, it is the Salmons business to know if Lane Powell is indeed the

22 defendants’ “attorney in fact” for the following reasons:

23

24 1. Lane Powell’s alleged client, Bank of America NA has brought up

25 foundational evidence showing they are not a real party in interest. Lane

Reply to Defendants Opposition to Salmon Residence

917C Philpott Rd.
Remand Page 2 of 5 Colville, WA 99114
Case No. 2:10-CV-00446-RMP Telephone: 509-684-8841
1 Powell has been unresponsive, and has offered no defense for the
2 defendant’s position regarding this.
3 2. The specific subject matter revealing the lack of the defendants’
4 standing as a “party in interest” in Exhibit (G) is prima facie evidence
5 for this case.
6 3. The list of citations that Lane Powell provided in their response has to
7 do with appearance issues, which are not specifically to the subject
8 matter of actually qualifying the counsel as the “attorney in fact.”
9 4. Lane Powell has voiced its distain of the decision to Grant the
10 EXPEDITED ORDER to hear this valid Motion to Strike, referring to
11 producing the power of attorney. This is herein dully noted when the
12 undersigned John S. Devlin stated:
13 a. “It is unimaginable that such a novel argument would be taken
14 seriously in this Court.”, Lane Powell’s Remand Opposition page 6
15 line 13, 14.
16 b. As pro se litigants the Salmons find this remark to be unfortunate
17 and dishonorable to the justice system, and the obvious laws
18 regarding the nature of this action requiring the production of these
19 necessary documents.
20 5. It appears the undersigned John S. Devlin’s conduct in this matter, is in
21 violation of LR 83.2(f).
22

23

24

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Reply to Defendants Opposition to Salmon Residence

917C Philpott Rd.
Remand Page 3 of 5 Colville, WA 99114
Case No. 2:10-CV-00446-RMP Telephone: 509-684-8841
1 CONCLUSION
2 The Salmons find that because of the prima facie evidence in the defendant’s
3 letter showing the defendant’s lack of standing as a “party in interest”, is hereby
4 exposing fraud in most all of the defendants actions regarding the Salmons’ real
5 property. The Salmons also conclude, because of the nature of these very critical
6 findings it is very important to be dealing with the defendant’s legally qualified
7 representative. The Salmons hereby request the court issue an ORDER TO
8 STRIKE all of Lane Powell’s misrepresented court filings in this case from their
9 initial appearance on December 10, 2010 pursuant RCW 11.94.100, and FED. R.
10 CIV. P. 12 (F).
11

12 REQUEST FOR PAYMENT OF JUST COSTS

13 Because of the nature of these findings, and the fact that Lane Powell did not
14 have the legal power or authority to remove this case, or to legally appear, the
15 Salmons hereby request the court grant reasonable attorney fees for the Salmon’s
16 time, and costs in answering Lane Powell’s motions and oppositions from their
17 notice of appearance on December 10, 2010.
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Reply to Defendants Opposition to Salmon Residence

917C Philpott Rd.
Remand Page 4 of 5 Colville, WA 99114
Case No. 2:10-CV-00446-RMP Telephone: 509-684-8841
1 AFFIDAVIT AND DECLARATION
2 I, Samuel Salmon hereby declare under penalty of perjury under the laws of the
3 United States and the State of Washington that on Friday, February 04, 2011,
4 all undersigned statements to be true and correct, and I, Samuel Salmon am
5 competent to state the matters set forth herein, that the contents are true,
6 correct, complete, and certain, admissible as evidence, and reasonable and just
7 in accordance with Affiant’s best firsthand knowledge and understanding.
8
Dated this Friday, February 04, 2011
9
s/ Samuel Salmon
10
Salmon Residence
917C Philpott Rd.
11
Colville, WA 99114
Samuel Salmon
12
Roxy Salmon

13 CERTIFICATE OF SERVICE
14 I hereby certify that on Friday, February 04, 2011, I filed the foregoing
15 document with the Clerk of Court. I certify that a true and correct copy of said
16 document was sent to all alleged case participants in the following manner:
17 CM/ECF.
18
List Of Alleged Participants: Friday, February 04, 2011

19
s/ Samuel Salmon
Lane Powell Office Salmon Residence
20
917C Philpott Rd.
John S. Devlin III WSBA # 23988 Colville, WA 99114
21
Samuel Salmon
Abraham K. Lorber, WSBA # 40688 Roxy Salmon
22

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Reply to Defendants Opposition to Salmon Residence

917C Philpott Rd.
Remand Page 5 of 5 Colville, WA 99114
Case No. 2:10-CV-00446-RMP Telephone: 509-684-8841