0 Docket Brumfiel v. u.s. Bank, 1.12-Cv-02716-Wjm-meh

7/30/2019 0 Docket Brumfiel v. u.s. Bank, 1.12-Cv-02716-Wjm-meh

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ALLMTN,MAGR

U.S. District Court

District of Colorado (Denver)

CIVIL DOCKET FOR CASE #: 1:12-cv-02716-WJM-MEH

Brumfiel v. U.S. Bank et alAssigned to: Judge William J. MartinezReferred to: Magistrate Judge Michael E. HegartyCause: 28:1983 Civil Rights

Date Filed: 10/12/2012Jury Demand: PlaintiffNature of Suit: 220 Real Property:ForeclosureJurisdiction: Federal Question

Plaintiff

Lisa Kay Brumfiel represented by Lisa Kay Brumfiel1499 S. Jasper WayAurora, CO 80013PRO SE

Plaintiff

Lisa Kay BrumfeilTERMINATED: 03/22/2013

represented by Lisa Kay Brumfeil1499 South Jasper WayAurora, CO 80013702-275-9730PRO SE

V.

Defendant

U.S. Bank represented by John Kevin BridstonHolland & Hart, LLP-DenverP.O. Box 8749555 17th Street#3200

Denver, CO 80201-8749303-295-8104Fax: 303-295-8261Email: [email protected] TO BE NOTICED

Sean Michael HanlonHolland & Hart, LLP-DenverP.O. Box 8749555 17th Street

#3200Denver, CO 80201-8749303-295-8000Fax: 303-295-8261Email: [email protected]

ECF - U.S. District Court:cod https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?345368051662341

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ATTORNEY TO BE NOTICED

Defendant

Larry Castlein his corporate capacity

represented by Christopher T. GroenCastle Law Group, LLC, The999 18th StreetSuite 2201Denver, CO 80202303-865-1455

Fax: 303-865-1555Email: [email protected] TO BE NOTICED

Phillip A. VaglicaCastle Law Group, LLC, The999 18th StreetSuite 2201Denver, CO 80202

303-865-1400Fax: 303-865-1410Email: [email protected] TO BE NOTICED

Defendant

Larry (I) Castlein his individual capacity

represented by Christopher T. Groen(See above for address)ATTORNEY TO BE NOTICED

Phillip A. Vaglica

(See above for address)ATTORNEY TO BE NOTICED

Defendant

Castle Stawiarskiand Does 1-100

represented by Christopher T. Groen(See above for address)ATTORNEY TO BE NOTICED

Phillip A. Vaglica(See above for address)ATTORNEY TO BE NOTICED

Defendant

MERSa division of MERSCORP and Does 1-100

represented by John Kevin Bridston(See above for address)ATTORNEY TO BE NOTICED

Sean Michael Hanlon(See above for address)ATTORNEY TO BE NOTICED

Defendant


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Cynthia MaresPublic Trustee in her official capacity

represented by Christine Cachey StreteskyArapahoe County Attorney's Office-Littleton

5334 South Prince StreetLittleton, CO 80120-1136303-795-4639Fax: 303-738-7836Email: [email protected] TO BE NOTICED

Defendant

Robert J. Hopp represented by Ashley Nicole RicketsonHopp Law Firm, LLC

333 West Colfax Avenue#500Denver, CO 80204303-225-0815Fax: 303-531-2159

Email: [email protected]: 05/09/2013ATTORNEY TO BE NOTICED

Neal Joseph ValorzHopp Law Firm, LLC333 West Colfax AvenueSuite 400Denver, CO 80204720-833-8476Fax: 720-833-8476

Email: [email protected] TO BE NOTICED

Defendant

Robert (I) J. Hopp represented by Ashley Nicole Ricketson(See above for address)TERMINATED: 05/09/2013


Neal Joseph Valorz(See above for address)


Date Filed # Docket Text

10/12/2012 1 Verified COMPLAINT for Declaratory and Injunctive Relief and Damages againstLarry Castle, Larry (I) Castle, Castle Stawiarski, U.S. Bank Filing Fee: $350.00

Receipt Number:50942, Summons issued, filed by Lisa Kay Brumfeil. (Attachments: #1 Civil Cover Sheet)(dbera, ) Modified on 10/12/2012 to reflect summons issuance.(dbera, ). (Entered: 10/12/2012)


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10/12/2012 2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Micheal E.Hegarty. Text Only Entry (dbera, ) (Entered: 10/12/2012)

10/12/2012 3 Combined Emergency MOTION for Temporary Restraining Order and PreliminaryInjunction by Plaintiff Lisa Kay Brumfeil. (dbera, ) (Entered: 10/12/2012)

10/12/2012 4 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Mari Hammockon 10/12/2012, filed by Plaintiff Lisa Kay Brumfeil (Attachments: # 1 Proof of

Service, # 2 Proof of Service)(dbera, ) (Entered: 10/12/2012)10/15/2012 5 ORDER Denying 3 Combined Emergency Motion for Temporary Restraining Order

and Preliminary Injunction. Plaintiff is prohibited from filing any further emergency

motions in this action seeking to enjoin the related foreclosure proceedings in statecourt. By Judge William J. Martinez on 10/15/12. (alvsl) (Entered: 10/15/2012)

10/15/2012 6 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. MagistrateJudge Hegarty is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternativedispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation orinformal request of the Magistrate Judge or on the request of the parties by motion, the

court may direct the parties to engage in an early neutral evaluation, a settlementconference, or another alternative dispute resolution proceeding. SO ORDERED byJudge William J. Martinez on 10/15/2012. Text Only Entry (wjmsec, ) (Entered:10/15/2012)

10/15/2012 7 CERTIFICATE of Mailing/Service re 3 MOTION for Temporary Restraining Order, 1Complaint, by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 10/15/2012)

10/17/2012 8 MINUTE ORDER Scheduling Conference set for 1/8/2013 at 9:45 AM in CourtroomA 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E.Hegarty on 10/17/2012. (mehcd) (Entered: 10/17/2012)

11/02/2012 9 MOTION to Dismiss for Lack of Jurisdiction by Defendants Larry Castle, Larry (I)Castle, Castle Stawiarski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, #4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order (PDFOnly))(Groen, Christopher) (Entered: 11/02/2012)

11/02/2012 10 MEMORANDUM regarding 9 MOTION to Dismiss for Lack of Jurisdiction filed byLarry Castle, Larry (I) Castle, Castle Stawiarski. Motions referred to Magistrate JudgeMichael E. Hegarty, by Judge William J. Martinez on 11/2/2012. Text Only Entry

(ervsl, ) (Entered: 11/02/2012)

11/06/2012 11 MINUTE ORDER re: 9 MOTION to Dismiss for Lack of Jurisdiction filed by LarryCastle, Larry (I) Castle, Castle Stawiarski, Pursuant to Fed. R. Civ. P. 12(b)(1).

Pursuant to Fed. R. Civ. P. 6(d) and D.C. Colo. LCivR 7.1C, the Plaintiff shall file aresponse to the motion on or before November 26, 2012. Defendants may file a replyin support of the motion within fourteen (14) days after the response is served, byMagistrate Judge Michael E. Hegarty on 11/6/2012. (ervsl, ) (Entered: 11/06/2012)

11/07/2012 12 NOTICE of Entry of Appearance by Phillip A. Vaglica on behalf of Larry Castle,Larry (I) Castle, Castle Stawiarski (Vaglica, Phillip) (Entered: 11/07/2012)

11/26/2012 13 RESPONSE in Oposition to 9 MOTION to Dismiss for Lack of Jurisdiction filed by

Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Exhibit A, # 2 Magistrate JudgeConsent Form B)(ervsl, ) (Entered: 11/27/2012)


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12/10/2012 14 MINUTE ORDER re: 13 Response to Motion filed by Lisa Kay Brumfeil. ThePlaintiffs response brief is more than 30 pages long and is stricken for failure tocomply with Judge Martinez Practice Standards for Civil Cases, Section III.C.1., byMagistrate Judge Michael E. Hegarty on 12/10/2012. (ervsl, ) (Entered: 12/10/2012)

12/27/2012 15 MINUTE ORDER This matter comes before the Court sua sponte. Due to a conflict inthe Courts calendar, the Scheduling Conference set in this case for January 8, 2013, is

vacated and reset. Scheduling Conference Reset for 1/10/2013 10:15 AM in

Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate JudgeMichael E. Hegarty on 12/27/2012. (ervsl, ) (Entered: 12/27/2012)

12/28/2012 16 MOTION for Leave to Brief in Opposition to the Motion to Dismiss in Excess of 15Pages by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Proposed Document Brief inOpposition, # 2 Exhibit)(ervsl, ) (Entered: 12/28/2012)

01/02/2013 17 MEMORANDUM regarding 16 MOTION for Leave to File Excess Pages filed by LisaKay Brumfeil. Motion referred to Magistrate Judge Michael E. Hegarty by JudgeWilliam J. Martinez on 01/02/2013. Text Only Entry (wjmsec, ) (Entered: 01/02/2013)

01/02/2013 18 Proposed Scheduling Order by Defendants Larry (I) Castle, Castle Stawiarski. (Groen,

Christopher) (Entered: 01/02/2013)

01/03/2013 19 MINUTE ORDER granting 16 Plaintiff's unopposed Motion for Leave to File

Plaintiff's Brief in Opposition to the Motion to Dismiss in Excess of 15 Pages. TheClerk of the Court is directed to file Plaintiff's response brief, located at Docket Entry[16-1]. Defendants may file a reply brief in support of their motion on or before1/17/2013. By Magistrate Judge Michael E. Hegarty on 1/3/2013. (mehcd) (Entered:01/04/2013)

01/04/2013 20 BRIEF in Opposition to 9 Defendant's MOTION to Dismiss for Lack of Jurisdictionfiled by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Exhibit)(ervsl, ) (Entered:01/04/2013)

01/07/2013 21 REPLY to Response to 9 MOTION to Dismiss for Lack of Jurisdiction filed byDefendants Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Exhibit H, # 2Exhibit I)(Groen, Christopher) (Entered: 01/07/2013)

01/08/2013 22 NOTICE of Change of Address/Contact Information Firm Name by Christopher T.Groen (Groen, Christopher) (Entered: 01/08/2013)

01/10/2013 23 COURTROOM MINUTES/MINUTE ORDER for proceedings held before MagistrateJudge Michael E. Hegarty: Scheduling Conference held on 1/10/2013. Final Pretrial

Conference set for 9/17/2013 at 9:30 AM in Courtroom A 501 before MagistrateJudge Michael E. Hegarty. FTR: C. Coomes -- Courtroom A-501. (mehcd) (Entered:

01/10/2013)

01/10/2013 24 SCHEDULING ORDER: Discovery due by 6/7/2013. Dispositive Motions due by7/6/2013. By Magistrate Judge Michael E. Hegarty on 1/10/2013. (mehcd) (Entered:01/11/2013)

01/23/2013 25 ORDER TO SHOW CAUSE: Defendants are ORDERED to show cause in writing nolater than February 6, 2013, as to why this Court should not deny the motion withoutprejudice as to Defendants request for an order dismissing Plaintiffs claims for lack of

standing based upon this Courts alleged lack of subject matter jurisdiction. IT ISFURTHER ORDERED that if Defendants fail to comply with this Order, the motion


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may be denied without prejudice without further notice, by Magistrate Judge MichaelE. Hegarty on 1/23/2013. (ervsl, ) (Entered: 01/23/2013)

01/25/2013 26 NOTICE of Service of Initial FRCP 26(a)(1) Disclosures by Defendants Larry (I)Castle, Castle Stawiarski (Groen, Christopher) (Entered: 01/25/2013)

02/05/2013 27 RESPONSE TO ORDER TO SHOW CAUSE re 25 by Defendants Larry Castle, Larry(I) Castle, Castle Stawiarski. (Vaglica, Phillip) (Entered: 02/05/2013)

02/25/2013 28 REPLY to 27 Defendants Castle Stawiarski, LLC and Larry Castle's Response toOrder to Show Cause by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 02/25/2013)

02/25/2013 29 STRICKEN MOTION for Temporary Restraining Order,and MOTION forPreliminary Injunction by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Modified on2/26/2013 Stricken pursuant to the 34 Order)(ervsl, ). (Entered: 02/25/2013)

02/25/2013 30 MOTION for Leave to Amend1 Complaint, by Plaintiff Lisa Kay Brumfeil.(Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Document AmendedVerified Complaint)(ervsl, ) (Entered: 02/25/2013)

02/25/2013 31 CERTIFICATE of Service by Mailing re 29 MOTION for Temporary Restraining

Order MOTION for Preliminary Injunction, 30 MOTION to Amend1 Complaint, 28Reply by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 02/25/2013)

02/25/2013 32 CERTIFICATE of Personal Service re 29 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction, 30 MOTION to Amend1 Complaint, 28 Replyby Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 ExhibitC, # 4 Exhibit D, # 5 Exhibit E)(ervsl, ) (Entered: 02/25/2013)

02/25/2013 33 MEMORANDUM regarding 30 MOTION to Amend/Correct/Modify 1 Complaint,filed by Lisa Kay Brumfeil. Motion referred to Magistrate Judge Michael E. Hegartyby Judge William J. Martinez on 02/25/2013. Text Only Entry (wjmsec, ) (Entered:

02/25/2013)

02/26/2013 34 ORDER striking 29 Plaintiff's Petition for Emergency TRO/Preliminary Inunction. On

October 15, 2012, the Court denied Plaintiff's prior request for a temporary restrainingorder5 and stated: "Plaintiff is prohibited from filing any further emergency motions inthis action seeking to enjoin the related foreclosure proceedings in state court." In theinstant Motion, Plaintiff asks the Court to enjoin the state court proceedings. Becausethis request is in direct contravention of the Court's prior Order, Plaintiff's Petition forEmergency TRO/Preliminary Injunction is hereby STRICKEN. SO ORDERED by

Judge William J. Martinez on 2/26/2013. Text Only Entry(wjmlc1, ) (Entered:02/26/2013)

02/27/2013 35 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 9 theMotion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Larry Castleand Castle Stawiarski be granted in part and denied in part, by Magistrate JudgeMichael E. Hegarty on 2/27/2013. (mehcd) (Entered: 02/27/2013)

03/12/2013 37 NOTICE of Lis Pendens by Plaintiff Lisa Kay Brumfeil (ervsl, ) (Entered: 03/13/2013)

03/12/2013 38 CERTIFICATE of Mailing/Service re 36 MOTION for Reconsideration re 34 Order on

Motion for TRO, Order on Motion for Preliminary Injunction, 37 Notice of LisPendens by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 03/13/2013)


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03/12/2013 39 CERTIFICATE of Mailing/Service re 36 MOTION for Reconsideration re 34 Order onMotion for TRO, Order on Motion for Preliminary Injunction, 37 Notice of LisPendens by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 03/13/2013)

03/13/2013 36 MOTION for Reconsideration (To Alter or Amend The Court's Partial Dismissal ofPlaintiff' Complaint and Denial of a Denial of a TRO/Preliminary Inj) re 34 Order onMotion for TRO, Order on Motion for Preliminary Injunction, by Plaintiff Lisa Kay

Brumfeil. (ervsl, ) (Entered: 03/13/2013)

03/14/2013 40 OBJECTION to 35 Report and Recommendations filed by Plaintiff Lisa Kay Brumfeil.

(Attachments: # 1 Affidavit, # 2 Certificate of service as to Christopher Groen, # 3Certificate of service as to US Bank)(ervsl, ) (Entered: 03/14/2013)

03/22/2013 41 NOTICE of Entry of Appearance by John Kevin Bridston on behalf of U.S. Bank(Bridston, John) (Entered: 03/22/2013)

03/22/2013 42 NOTICE of Entry of Appearance by Sean Michael Hanlon on behalf of U.S. Bank(Hanlon, Sean) (Entered: 03/22/2013)

03/22/2013 43 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,by Defendant U.S. Bank. (Attachments: # 1 Proposed Order (PDF Only))(Hanlon,Sean) (Entered: 03/22/2013)

03/22/2013 44 MINUTE ORDER granting 30 Plaintiffs unopposed1 Motion for Leave to File anAmended Verified Complaint, by Magistrate Judge Michael E. Hegarty on 3/22/2013.(ervsl, ) (Entered: 03/25/2013)

03/22/2013 45 AMENDED VERIFIED COMPLAINT against Larry Castle, Larry (I) Castle, CastleStawiarski, U.S. Bank, Hopp, Robert L. (I) Hopp, Cynthia Mares, MERS, filed by LisaKay Brumfiel.(ervsl, ) (Entered: 03/25/2013)

03/25/2013 46 MEMORANDUM regarding 43 MOTION for Extension of Time to File Answer orOtherwise Respond re 1 Complaint, filed by U.S. Bank. Motion referred to MagistrateJudge Michael E. Hegarty by Judge William J. Martinez on 03/25/2013. Text Only

Entry (wjmsec, ) (Entered: 03/25/2013)

03/26/2013 47 MINUTE ORDER granting 43 Defendant U.S. Bank, N.A.'s Motion for Extension ofTime to File Responsive Pleading. U.S. Bank, N.A.'s answer due 4/12/2013. ByMagistrate Judge Michael E. Hegarty on 3/26/2013. (mehcd) (Entered: 03/26/2013)

04/02/2013 48 CORPORATE DISCLOSURE STATEMENT. (Hanlon, Sean) (Entered: 04/02/2013)

04/03/2013 49 MOTION for Leave to File Excess Pages in Excess of the Standard Page LimitsPursuant to WJM Civ. Practice Standrds 111.C.1 by Defendants Larry Castle, Larry(I) Castle, Castle Stawiarski. (Attachments: # 1 Proposed Order (PDF Only))(Vaglica,

Phillip) (Entered: 04/03/2013)

04/04/2013 50 ORDER granting in part Defendants Larry Castle and Castle Stawiarski's ("CastleDefendants") Motion for Leave to File Motion in Excess of the Standard Page Limits49 . The Castle Defendants' motion is GRANTED in PART. The Castle Defendants are

granted leave to file a Motion to Dismiss not to exceed 20 pages, exclusive ofattorney signature blocks and certificate of service. SO ORDERED by Judge WilliamJ. Martinez on 04/04/2013. Text Only Entry(wjmsec, ) (Entered: 04/04/2013)


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04/05/2013 51 MOTION to Dismiss for Failure to State a Claim by Defendants Larry Castle, Larry (I)Castle, Castle Stawiarski. (Attachments: # 1 Exhibit H Part 1, # 2 Exhibit H Part 2, # 3Exhibit H Part 3, # 4 Exhibit I Part 1, # 5 Exhibit I Part 2, # 6 Exhibit J, # 7 Exhibit K,# 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Proposed Order(PDF Only))(Vaglica, Phillip) (Entered: 04/05/2013)

04/08/2013 52 NOTICE of Entry of Appearance by Sean Michael Hanlon on behalf of MERS, U.S.

Bank (Hanlon, Sean) (Entered: 04/08/2013)

04/08/2013 53 NOTICE of Entry of Appearance by John Kevin Bridston on behalf of MERS, U.S.

Bank (Bridston, John) (Entered: 04/08/2013)

04/09/2013 54 MOTION to Amend45 Amended Complaint Caption for Defendant Robert L. Hoppto Robert J. Hopp by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1 ProposedDocument Corrected Amended Complaint)(ervsl, ) (Entered: 04/09/2013)

04/09/2013 55 Summons Returned Unexecuted by Lisa Kay Brumfiel as to Robert L. Hopp. (ervsl, )(Entered: 04/09/2013)

04/09/2013 56 SUMMONS Returned Executed by Lisa Kay Brumfiel. Cynthia Mares served on4/8/2013, answer due 4/29/2013. (ervsl, ) (Entered: 04/09/2013)

04/09/2013 57 SUMMONS Returned Executed by Lisa Kay Brumfiel. MERS served on 4/8/2013,answer due 4/29/2013. (ervsl, ) (Entered: 04/09/2013)

04/09/2013 58 MEMORANDUM regarding 54 MOTION to Amend/Correct/Modify 45 AmendedComplaint filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E.

Hegarty by Judge William J. Martinez on 04/09/2013. Text Only Entry (wjmsec, )(Entered: 04/09/2013)

04/09/2013 59 MINUTE ORDER denying without prejudice 54 Plaintiffs Motion to Amend Captionfor failure to comply with D.C. Colo. LCivR 7.1A, by Magistrate Judge Michael E.Hegarty on 4/0/2716.(ervsl, ) (Entered: 04/10/2013)

04/12/2013 60 MOTION for Extension of Time to File Response as to 51 Defendants MOTION toDismiss for Failure to State a Claim by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered:

04/12/2013)

04/12/2013 61 MOTION for Leave to File Excess Pages in Opposition to the CS Defendants 51

Motion to Dismiss, by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/12/2013)

04/12/2013 62 MOTION to Correct the Caption and Amend45 the Amended Complaint to Reflectthe Proper Named Defendant, by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1Proposed Document Corrected Amended Complaint, # 2 Exhibit A, # 3 ExhibitB)(ervsl, ) (Entered: 04/12/2013)

04/12/2013 63 MEMORANDUM regarding 60 MOTION for Extension of Time to FileResponse/Reply as to 51 MOTION to Dismiss for Failure to State a Claim filed by LisaKay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by JudgeWilliam J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013)

04/12/2013 64 MEMORANDUM regarding 62 MOTION to Amend/Correct/Modify 45 Amended

Complaint filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E.Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, )(Entered: 04/12/2013)


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04/12/2013 65 NOTICE of Plaintiff's filing CS Defendants Responses to Plaintiff's 1st ofInterrogatories by Plaintiff Lisa Kay Brumfiel (ervsl, ) (Entered: 04/12/2013)

04/12/2013 66 MOTION for Order to Re Serve Defendants MERS, Robert J. Hopp, Attorney, andCynthia Mares, Public Trustee the Amended Complaint by Plaintiff Lisa KayBrumfiel. (ervsl, ) (Entered: 04/12/2013)

04/12/2013 67 MEMORANDUM regarding 66 MOTION for Order to filed by Lisa Kay Brumfiel.

Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinezon 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013)

04/12/2013 68 MEMORANDUM regarding 61 MOTION for Leave to File Excess Pages filed by Lisa

Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by JudgeWilliam J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013)

04/12/2013 69 MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(B)(6) by Defendant U.S.Bank. (Attachments: # 1 Proposed Order (PDF Only) Order)(Hanlon, Sean) (Entered:04/12/2013)

04/12/2013 70 MEMORANDUM regarding 69 MOTION to Dismiss Complaint Pursuant toFed.R.Civ.P. 12(B)(6) filed by U.S. Bank. Motion referred to Magistrate Judge MichaelE. Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, )(Entered: 04/12/2013)

04/12/2013 73 SUMMONS Returned Executed by Lisa Kay Brumfiel. Cynthia Mares served on4/12/2013, answer due 5/3/2013. (ervsl, ) (Entered: 04/15/2013)

04/12/2013 74 SUMMONS Returned Executed by Lisa Kay Brumfiel. MERS served on 4/12/2013,answer due 5/3/2013. (ervsl, ) (Entered: 04/15/2013)

04/12/2013 75 SUMMONS Returned Executed by Lisa Kay Brumfiel. Robert J. Hopp served on4/12/2013, answer due 5/3/2013. (ervsl, ) (Entered: 04/15/2013)

04/15/2013 71 MINUTE ORDER Before the Court is Defendant U.S. Bank N.A.s Motion to DismissComplaint Pursuant to Fed. R. Civ. P. 12(b)(6) docket # 69 . Pursuant to Fed. R. Civ.P. 6(d) and D.C. Colo. LCivR 7.1C, the Plaintiff shall file a response to the motion on

or before May 6, 2013. Defendant may file a reply in support of the motion withinfourteen (14) days after the response is served, by Magistrate Judge Michael E.Hegarty on 4/15/2013. (ervsl, ) (Entered: 04/15/2013)

04/15/2013 72 MINUTE ORDER Plaintiffs unopposed Motion for Extension of Time to File Brief inOpposition to CS Defendants Motion to Dismiss filed April 12, 2013; docket # 60 isdenied as moot; Plaintiffs unopposed Motion for Extension of Time to File Brief inOpposition to CS Defendants Motion to Dismiss filed April 12, 2013; docket # 60 is

denied as moot; Plaintiffs renewed and unopposed Motion to Correct the Caption andthe Amended Complaint to Reflect the Proper Name of Defendant filed April 12,2013; docket # 62 is granted in that the Clerk of the Court is directed to amend thecaption in this case to Robert J. Hopp ; Plaintiffs unopposed Request to Re-ServeDefendants MERS, Robert Hopp and Cynthia Mares filed April 12, 2013; docket # 66is construed by the Court as a motion for extension of time within which to serve theseDefendants and is granted, by Magistrate Judge Michael E. Hegarty on 4/15/2013.

(ervsl, ) (Entered: 04/15/2013)

04/24/2013 76 MOTION for Leave to File Excess of 15 to 21 Pages of Brief in Opposition to theDefendants' 69 Motion to Dismiss, by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered:


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04/25/2013)

04/25/2013 77 MEMORANDUM regarding 76 MOTION for Leave to File Excess Pages filed by LisaKay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by JudgeWilliam J. Martinez on 04/25/2013. Text Only Entry (wjmsec, ) (Entered: 04/25/2013)

04/25/2013 78 CERTIFICATE of Mailing/Service re 76 MOTION for Leave to File Excess Pages byPlaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/25/2013)

04/26/2013 79 MINUTE ORDER granting 76 Plaintiffs Motion for Leave to File Brief in Oppositionto the CS Defendants Motion to Dismiss in Excess of 15 Pages to 21 Pages, byMagistrate Judge Michael E. Hegarty on 4/26/2013.(ervsl, ) (Entered: 04/26/2013)

04/29/2013 80 NOTICE of Plaintiff's Filing CS Defendats Responses to Plaintiff's 1st ofInterrogatories and the First Franklin Mortgage Loan Trust. Series 2007-FF1 Poolingand Service Agreement ("PSA") by Plaintiff Lisa Kay Brumfiel (ervsl, ) (Entered:

04/29/2013)

04/29/2013 81 STATEMENT re 80 Notice od Response of Castle Stawiarski, LLC to Plaintiff's First

ste of Interrogatories and Requests for Production of Documenst by Plaintiff Lisa KayBrumfiel. (ervsl, ) (Entered: 04/29/2013)

04/29/2013 82 MOTION for Emergency Preliminary Injunction, MOTION for Temporary RestrainingOrder by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1 Proposed Document Order)(ervsl, ) (Entered: 04/29/2013)

04/29/2013 83 RESPONSE in Opposition to 51 MOTION to Dismiss for Failure to State a Claim 69MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(B)(6\ filed by PlaintiffLisa Kay Brumfiel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4Certificate of Service)(ervsl, ) (Entered: 04/29/2013)

04/29/2013 85 Conventionally Submitted Material : Securities and Exchange Commission Current

Report under the name of First Franklin Mortgage Loan Trust, Series 2007-FF1, File

No 333-130545-42 to Notice 80] by Plaintiff Lisa Kay Brumfiel (Placed in OversizedDocuments) Text Only Entry (ervsl, ) (Entered: 04/30/2013)

04/30/2013 84 ORDER. This matter is before the Court on Plaintiff's Petition for EmergencyTRO/Preliminary Injunction.(ECF. No. 82.) The Defendant U.S. Bank and DefendantCastle Stawiarski shall separately file briefing in response to Plaintiff's ECF No. 82.Such briefing shall address (a) the merits of the TRO, and (b) the merits of MagistrateJudge Michael E. Hegartys Recommendation (ECF No. 35). Defendants shall

separately file such briefing NO LATER THAN TOMORROW, MAY 1, 2013 AT 2:00P.M. These briefs will be limited to no more than 15 pages each, exclusive of thecaption page, attorney signature blocks and certificate of service. SO ORDERED by

Judge William J. Martinez on 04/30/2013. Text Only Entry (wjmlc2 ) (Entered:04/30/2013)

05/01/2013 86 BRIEF in Opposition to 3 MOTION for Temporary Restraining Order filed byDefendants MERS, U.S. Bank. (Hanlon, Sean) (Entered: 05/01/2013)

05/01/2013 87 RESPONSE to 82 MOTION for Preliminary Injunction MOTION for TemporaryRestraining Order filed by Defendants Larry (I) Castle, Castle Stawiarski. (Vaglica,

Phillip) (Entered: 05/01/2013)


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05/02/2013 88 ORDER Setting Hearing on Petition for Temporary Restraining Order82 : A Motionhearing is hereby SET for May 6, 2013 at 1:00 p.m. in Courtroom A801 beforeJudge William J. Martinez. SO ORDERED by Judge William J. Martinez on05/02/2013. Text Only Entry (wjmsec, ) (Main Document 88 replaced on 5/3/2013)(ervsl, ). (Entered: 05/02/2013)

05/03/2013 89 CERTIFICATE of Service by Mail and E-Mail by Clerk of Court re 88 Order Setting

Hearing on Motion, to Lisa Kay Brumfiel, 1499 S. Jasper Way, Aurora, CO 80013, and

[email protected]. Text Only Entry (ervsl, ) (Entered: 05/03/2013)

05/03/2013 90 MOTION to Dismiss Plaintiff's Corrected Amended Verified Complaintby DefendantCynthia Mares. (Attachments: # 1 Proposed Order (PDF Only), # 2 Exhibit A, # 3Exhibit B)(Stretesky, Christine) (Entered: 05/03/2013)

05/03/2013 91 MOTION to Dismiss by Defendants Robert J. Hopp, Robert (I) J. Hopp. (Attachments:# 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit ExhibitD, # 5 Proposed Order (PDF Only) Proposed Order Granting Motion to Dismiss)(Ricketson, Ashley) (Entered: 05/03/2013)

05/03/2013 92 CORPORATE DISCLOSURE STATEMENT. (Hanlon, Sean) (Entered: 05/03/2013)

05/06/2013 93 MINUTE ENTRY for Hearing on Motion for Temporary Restraining Order held beforeJudge William J. Martinez on May 6, 2013. ORDERED: The parties have a week from

today to file any Suggestion of Recusal. ORDERED: Mr. Vaglica shall file on CM/ECF,by Wednesday, May 8, 2013, a copy of the original Note and Deed of Trust.ORDERED: Taking this matter as a motion for an interim preliminary injunction, 82,the Motion is GRANTED. The public trustee is enjoined from taking any steps toeffect a foreclosure sale going forward this Wednesday. No such sale will be heldbetween now and 14 days from today, May 20th, 2013. A written order will issue

setting forth the Court's findings and conclusions. ORDERED: A full hearing on themotion for a preliminary injunction is set Wednesday, May 15th, 2013 at 9:00 a.m. in

Courtroom A801 before Judge William J. Martinez. All personal defendants shall bepresent at this hearing with counsel, to include Ms. Mares, Mr. Castle and Mr. Hopp.Agents who would qualify as Rule 30(b)(6) agents for U.S. Bank and the DefendantTrust shall also be present. ORDERED: Plaintiff shall appear in this Court's chambers

tomorrow at 9:00 a.m. to sign an unsecured bond in the amount of $1,250.00. Hearingconcluded. Court Reporter: Gwen Daniel. (wjmcd, ) (Entered: 05/06/2013)

05/06/2013 94 ORDER Granting Plaintiff's Petition for a motion for an Interim Preliminary Injunction(ECF No. 82 ) is GRANTED. The Court therefore ORDERS as follows: DefendantPublic Trustee of Arapahoe County, Colorado is hereby ENJOINED andRESTRAINED from undertaking any steps which would lead to a foreclosure sale of

Plaintiff's Property as defined herein for 14 days from the date of this Order, in order

to preserve the status quo ante. This Interim Preliminary Injunction will dissolve onMay 20, 2013 unless otherwise Ordered by the Court after an evidentiary hearing. Anevidentiary hearing on Plaintiff's Motion for a Full Preliminary Injunction is set for

May 15, 2013 at 9:00 a.m. in Courtroom A 801. All individual Defendants in this

action are to be present at the hearing on May 15, 2013 with counsel, to include Ms.Mares, Mr. Castle and Mr. Hopp. Mr. Groen has voluntarily agreed to be present at thishearing. Defendants U.S. Bank and Trust are DIRECTED to cause to be present at thishearing an agent for each such entity authorized to speak for same under Rule 30(b)(6)of the Federal Rules of Civil Procedure. Motion Hearing set for 5/15/2013 09:00 AMin Courtroom A 801 before Judge William J. Martinez. by Judge William J. Martinez


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on 05/06/2013.(wjmint1, ) (Entered: 05/06/2013)

05/06/2013 95 CERTIFICATE of Service by MAIL and E-MAIL by Clerk of Court re 93 Order onMotion for Preliminary Injunction, Motion Hearing, Set/Reset Deadlines/Hearings,Terminate Deadlines and Hearings, to Lisa Kay Brumfiel, 1499 S. Jasper Way, Aurora,CO 80013 and E-mail [email protected]. Text Only Entry (ervsl, ) (Entered:

05/07/2013)

05/06/2013 96 RESPONSE to 94 Order on Motion for TRO, by Plaintiff Lisa Kay Brumfiel. (ervsl, )(Entered: 05/07/2013)

05/07/2013 97 NOTICE of Withdrawal of Counsel and Entry of Appearances by Defendants RobertJ. Hopp, Robert (I) J. Hopp (Ricketson, Ashley) (Modified on 5/7/2013 to be refiled asa Motion to Withdraw as an attorney and a separate Notice of entry of Appearance)(ervsl, ). (Entered: 05/07/2013)

05/07/2013 98 CERTIFICATE of Mailing/Service by MAIL and E-MAIL by Clerk of Court re 94Order on Motion for Preliminary Injunction, Motion Hearing, Set/ResetDeadlines/Hearings, Terminate Deadlines and Hearings, to Lisa Kay Brumfiel, 1499 S.Jasper Way, Aurora, CO 80013 and E-mail [email protected]. Text Only Entry

(ervsl, ) (Entered: 05/07/2013)

05/07/2013 99 BOND-Interim Preliminary Injunction Unsecured for one thousand two hundred andfifty dollars ($1,250), as to Plaintiff Lisa Brumfiel, by Judge William J. Martinez (ervsl,) (Entered: 05/07/2013)

05/08/2013 100 NOTICE of Entry of Appearance of Neal Joseph Valorz and Robert J. Hopp by Neal

Joseph Valorz on behalf of Robert J. Hopp, Robert (I) J. Hopp (Valorz, Neal) (Entered:05/08/2013)

05/08/2013 101 MOTION to Withdraw as Attorneyfor Robert J. Hopp by Defendants Robert J. Hopp,Robert (I) J. Hopp. (Attachments: # 1 Proposed Order (PDF Only))(Ricketson,

Ashley) (Entered: 05/08/2013)05/08/2013 102 MEMORANDUM regarding 101 MOTION to Withdraw as Attorneyfor Robert J.

Hopp filed by Robert J. Hopp, Robert (I) J. Hopp. Motion referred to Magistrate JudgeMichael E. Hegarty by Judge William J. Martinez on 05/08/2013. Text Only Entry(wjmsec, ) (Entered: 05/08/2013)

05/08/2013 103 MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismissfor Failure to State a Claim by Defendants Larry Castle, Larry (I) Castle, Castle

Stawiarski. (Attachments: # 1 Proposed Order (PDF Only))(Vaglica, Phillip) (Entered:05/08/2013)

05/08/2013 104 NOTICE re 93 Order on Motion for Preliminary Injunction, Motion Hearing, Set/ResetDeadlines/Hearings, Terminate Deadlines and Hearings, by Defendants Larry Castle,Larry (I) Castle, Castle Stawiarski (Attachments: # 1 Copy of Original Note, # 2 Copyof Original Deed of Trust)(Vaglica, Phillip) (Entered: 05/08/2013)

05/08/2013 105 CERTIFICATION OF MATTER TO THE ATTORNEY GENERAL OF THE STATEOF COLORADO re 45 Amended Complaint, wherein the constitutionality of aColorado statute is in question, and gives leave to the State of Colorado to intervene in

the case for argument on the constitutional question. The Court recognizes that 28U.S.C. 2403 requires this certification only where no agency, officer, or employee ofthe state is a party to the case, and in the instant case Cynthia Mares, the Arapahoe


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County Public Trustee, is a defendant named in her official capacity. However, giventhe recent addition of the Public Trustee as a defendant in Plaintiffs AmendedComplaint, filed on March 22, 2013, and the constitutional questions at issue here, theCourt nevertheless hereby provides to the State of Colorado notice and leave tointervene. By Judge William J. Martinez (ervsl, ) (Entered: 05/08/2013)

05/08/2013 106 CERTIFICATE of Service by MAIL by Clerk of Court re 105 Certification of MatterRegarding constitutionality, of Colorado Revised Statute 38-38-101 as it applies to

proceedings under Colorado Rule of Civil Procedure 120; mailed to Lisa KayBrumfiel, 1499 S. Jasper Way, Aurora, CO 80013; U.S. Attorney, 1225 17th StreetSuite 700, Denver, CO 80202; and Colorado Attorney General, 1525 Sherman Street,Denver, CO 80203 Text Only Entry (ervsl, ) (Entered: 05/08/2013)

05/08/2013 107 CERTIFICATE of Service by MAIL by Clerk of Court re 105 Certificate of

Unconstitutionality, Attorney General for the State of Colorado, Ralph L. Carr JudicialCenter, 1300 Broadway, 10th Floor, Denver, CO 80203 Text Only Entry (ervsl, )(Entered: 05/08/2013)

05/09/2013 108 MINUTE ORDER granting 101 Motion to Withdraw as Counsel. Attorney AshleyNicole Ricketson is terminated. By Magistrate Judge Michael E. Hegarty on 5/9/2013.

(mehcd) (Entered: 05/09/2013)

05/09/2013 109 ORDER granting 103 Defendants Larry Castle and Castle Stawiarski, LLC's ("CastleDefendants") Motion for Enlargement of Time to File a Reply in Support of TheirMotion to Dismiss 51 . The Castle Defendants' Motion is GRANTED for good causeshown. The Castle Defendants' deadline to file their Reply in support of their Motionto Dismiss is extended up to and including May 23, 2013. SO ORDERED by JudgeWilliam J. Martinez on 05/09/2013. Text Only Entry(wjmsec, ) (Entered: 05/09/2013)

05/09/2013 110 ORDER. This matter is before the Court on Plaintiffs Motion for PreliminaryInjunction. (ECF No. 82.) At the hearing on Monday, May 6, 2013, counsel for the

Castle Defendants represented to the Court, for the first time, that he haddocumentation of the (1) original Deed of Trust, (2) original Promissory Note, and (3)original Endorsements. Defendant's Notice (ECF No. 105) appends documents (1) and(2). Defendants are now DIRECTED to file ALL original evidence of ALLendorsements relevant to the valid negotiation or transfer of the Promissory Note andDeed of Trust, and which establish the right of the Defendants in this case to enforce

these instruments for purposes of foreclosure of Plaintiff's home. Defendants areDIRECTED to file this documentation on CMECF by 4:00 p.m., Friday, May 10,2013. by Judge William J. Martinez on 05/09/2013. Text Only Entry (wjmlc2, )(Entered: 05/09/2013)

05/10/2013 111 RESPONSE to 110 Order,,, by Defendants Larry Castle, Larry (I) Castle, Castle

Stawiarski. (Attachments: # 1 Attachment)(Vaglica, Phillip) (Entered: 05/10/2013)

05/10/2013 112 NOTICE re 110 Order,,,Notice of Response to Order Dated May 9, 2013 [Doc. 110]by Defendants MERS, U.S. Bank (Attachments: # 1 Exhibit A)(Hanlon, Sean)(Entered: 05/10/2013)

05/10/2013 113 NOTICE re 110 Order,,,Amended Notice of Response to Order Dated May 9, 2013

[Doc. 110] by Defendants MERS, U.S. Bank (Attachments: # 1 Exhibit A)(Hanlon,Sean) (Entered: 05/10/2013)


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05/10/2013 114 NOTICE Of The Trust's Public Trustee Foreclosure Withdrawal by DefendantsMERS, U.S. Bank (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hanlon, Sean)(Entered: 05/10/2013)
