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Samuel Salmon Roxy Salmon Salmon Residence 917C Philpott Rd. Colville, WA 99114

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WASHINGTON AT SPOKANE
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Samuel Salmon and Roxy Salmon, Plaintiff, vs. Bank of America, Recontrust, MERS, Merscorp Inc., Defendant

Case No. 2 :10-CV-00446-RMP

MOTION TO REMAND MOTION TO STRIKE REQUIRED PAYMENT OF JUST COSTS FOR REMAND

TO: The Honorable Judges of the United States District Court Eastern District of Washington at Spokane: Comes now plaintiff Samuel Salmon in response to the notice of removal by the alleged attorney in fact Lane Powell, and the undersigned John S. Devlin for the defendants, the plaintiff hereby submits this MOTION TO REMAND pursuant 28 USC §§ 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 COSTS pursuant 28 USC § 1447 (c) MOTION TO REMAND The Salmons in review of these codes, declare the subject matter of diversity to be entirely irrelevant in this case, but specifically relevant only to the diversity of
MOTION TO REMAND - 1 No. 2 :10-CV-00446-RMP
Salmon Residence 917C Philpott Rd. Colville, WA 99114 srslunop@gmail.com 509-684-8841

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individuals sued as individuals and not sued under fictitious names, whose citizenship is not in the state wherein the action is commenced. It would seem a gross misinterpretation of these codes regarding the subject matter of removal by the diversity claim for these defendant corporations as listed under their fictitious names, and those individually named representatives listed under them, for the following reasons. 1. Pursuant 28 USC §§ 1332 (c)(1) “a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it

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has its principal place of business”. The word “and” in this code must be disregarded, in order to claim diversity of these fictitiously named corporations, as these corporations, or their wholly owned subsidiaries are all registered in the State of Washington and have acquired the required UBI numbers to operate in this state. WASHINGTON STATE REGISTERED UBI NUMBERS FOR DEFENDANTS a. Bank of America NA b. Recontrust LLC c. Merscorp DBA MERS UBI# 600497999 UBI# 602076404 UBI# 602929654

2. Furthermore, because all defendants are being sued under fictitious names the alleged grounds for removal regarding diversity must be disregarded pursuant 28 USC 1441(a), which specifically states “For purposes of removal under this

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Salmon Residence 917C Philpott Rd. Colville, WA 99114 srslunop@gmail.com 509-684-8841

MOTION TO REMAND - 2 No. 2 :10-CV-00446-RMP

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chapter, the citizenship of defendants sued under fictitious names shall be disregarded.” Hereby as the individual defendants are being sued under their corporations’ fictitious names, diversity is not an issue for removal in this case and therefore this case must be remanded.

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MOTION TO STRIKE PURSUANT FED. R. CIV. P. 12 (F), AND RCW 11.94.100 WHERE IS THE POWER OF ATTORNEY? 3. Regarding the matter of whether the alleged representative Lane Powell for these 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 the CEO and President by a letter dated December 16, 2010, post marked December 20, 2010, and received in the Salmons possession on December 24, 2010. The letter directly addresses the basic foundational matter of the alleged note owner.

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This is foundational material for the Salmons’ case. This letter was in response to the Comptroller of the Currency Administrator of National Banks case # 01306002 Exhibit (I) opened on November 17, 2010 as the result of a letter sent by the Salmons to the Washington State Attorney Generals office in September

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of 2010, who then forwarded the letter to the Comptroller of the Currency’s office.
MOTION TO REMAND - 3 No. 2 :10-CV-00446-RMP
Salmon Residence 917C Philpott Rd. Colville, WA 99114 srslunop@gmail.com 509-684-8841

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4. The alleged attorney in fact the undersigned John S. Devlin for Lane Powell, has not addressed this issue in which Bank of America admits while under investigation that the “NOTE” is allegedly owned by Federal National Mortgage Association, thereby admitting that Bank of America is not the owner

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of the note, or beneficiary pursuant RCW 61.24.005 (2), thereby casting doubt on the attorneys position as the a true attorney in fact for the defendants because of their obvious lack of communication of this very critical and foundational subject matter. 5. Therefore, as the alleged attorney in fact has represented and has offered a defense for each of the defendants listed in the Salmons’ pleading, the Salmons hereby demand to see the evidence of their authority to legally represent the defendants, and produce the notarized power of attorney for each defendant predating the initial “NOTICE OF APPEARANCE” filed by the undersigned John S. Devlin for Lane Powell dated December 08, 2010 in the Superior Court of Washington State for Stevens County. 6. The Salmons hereby request the court disregard any and all of Lane Powell court filings for this case, until all required power of attorney(s) have been legally produced and properly recorded in each court where their filings have been submitted for in this case.

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Salmon Residence 917C Philpott Rd. Colville, WA 99114 srslunop@gmail.com 509-684-8841

MOTION TO REMAND - 4 No. 2 :10-CV-00446-RMP

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7. Salmons declare that unless the legal and proper power of attorney(s) are quickly brought forth and recorded that the court strike any and all misrepresented filings submitted by Lane Powell, and its undersigned in this case, and remand this case without prejudice.

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Salmon Residence 917C Philpott Rd. Colville, WA 99114 srslunop@gmail.com 509-684-8841

8. Salmons require payment of case preparation time and expenses to remand case pursuant 28 USC 1447 (c). DECLARATION I, Samuel Salmon hereby declare under penalty of perjury under the laws of the United States and the State of Washington that on the 7th day of January, 2011, all undersigned statements to be true and correct, and I, Samuel Salmon am competent to state the matters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiant’s best firsthand knowledge and understanding. I hereby respectfully request this matter to be remanded back to its original setting in the Superior Court of the State of Washington for Stevens County, and to be fully reimbursed for time and expenses required for remanding this Case.

MOTION TO REMAND - 5 No. 2 :10-CV-00446-RMP

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CERTIFICATE OF SERVICE I hereby certify that on the 7th day of January, 2011, I filed the foregoing document with the Clerk of Court. I certify that a true and correct copy of said Motion was sent to all case participants in the following manner: certified mail.

John S. Devlin III Lane Powell PC 1420 Fifth Avenue, Suite 4100 Seattle, Washington 98101-2338 Telephone: 206-223-7000 Dated this 7th day of January, 2011

Samuel Salmon Roxy Salmon 917C Philpott Rd. Colville, WA 99114 Emailsrslunop@gmail.com

MOTION TO REMAND - 6 No. 2 :10-CV-00446-RMP

Salmon Residence 917C Philpott Rd. Colville, WA 99114 srslunop@gmail.com 509-684-8841

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