MOTION to REMAND and STRIKE

MOTION TO REMAND - 1 No. 2 :10-CV-00446-RMP

Salmon Residence 917C Philpott Rd.

Colville, WA 99114 [email protected] 509-684-8841

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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

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




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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

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 UBI# 600497999 b. Recontrust LLC UBI# 602076404 c. Merscorp DBA MERS 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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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.

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.

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

of 2010, who then forwarded the letter to the Comptroller of the Currency’s

office.




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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

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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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.

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.




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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 [email protected]

MOTION to REMAND and STRIKE

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Transcript of MOTION to REMAND and STRIKE