United States District Court, W.D. Washington, Tacoma
ORDER ON MOTION TO REMAND AND ON MOTION TO CEASE
J. BRYAN, UNITED STATES DISTRICT JUDGE.
MATTER comes before the Court on the September 10, 2019 order
for the parties to show cause, if any they have, why the
Plaintiff's Motion for Remand Opposing Defendants'
Notice of Removal (Dkt. 12) should not be granted for failure
to comply with 28 U.S.C. § 1446 (b)(2)(A) (Dkt. 18) and
the Plaintiff's Motion to Cease Service upon Defunct
Homeowners' Association and Non-Existing Occupants of the
Premises (Dkt. 19). The Court has considered the pleadings
filed responding to the September 10, 2019 Order, those filed
regarding the motions, and the remaining file.
filed in Kitsap County, Washington Superior Court, this case
arises from a mortgage and deed of trust on property commonly
known as 11700 Carriage Place SE, Olalla, Washington. Dkt.
1-3. Defendants Wilmington Savings Fund Society, FSB, d/b/a
Christiana Trust, a trustee for Pretium Mortgage Acquisition
Trust (“Wilmington”) and Selene Finance LP
(“Selene) removed the case to this Court based on the
federal question asserted in the Amended Complaint, pursuant
to 28 U.S.C. § 1331. Dkt. 1. Defendant Quality Loan
Service Corp. of Washington (“Quality Loan”) was
not a removing defendant according to the Notice of Removal.
Id. The Plaintiff moved to remand the case,
asserting that removal was improper. Dkt. 12. On September
10, 2019, the parties were ordered to show cause why this
Court should not grant the Plaintiff's motion to remand
based on Defendants' failure to comply with 28 U.S.C.
§ 1446 (b)(2)(A), which requires that all defendants
join in, or consent to, removal. Dkt. 18. The Plaintiff also
filed her motion to cease service regarding the
Defendants' service of process on “defunct”
parties. Dkt. 19. For the reasons provided below, the
Plaintiff's motion to remand (Dkt. 12) should be denied
and the Plaintiff's motion to cease service (Dkt. 19)
should be renoted.
following facts are in the September 10, 2019 Order and are
This case was originally filed in state court on May 15, 2017
and asserted only state law claims for quiet title and for
violations of Washington's Consumer Protection Act. RCW
19.86, et. seq. Meppelink v. Wilmington Savings
Fund Society, SSB, et. al., Kitsap County, Washington
Superior Court case number 17-2-00839-9; filed in this case
at Dkt. 13-1, at 1 and 6-17.
In a May 17, 2019 Order granting the Plaintiff's Motion
for Leave to Amend the Complaint, the Plaintiff was ordered
to “file the amended complaint with the court by June
15, 2019.” Dkt. 14, at 24. She was further ordered to
“serve the Defendants with the amended complaint,
pursuant to the rules of the court for service of process by
June 30, 2019.” Id.
On June 11, 2019, the Plaintiff filed an “Amended
Complaint Re: Claims for Wrongful Foreclosure Violation of
Regulation X of [the Real Estate Settlement Procedures Act
(“RESPA”)] (12 U.S.C. § 2601, et.
seq.) Declaratory Relief and Damages” in the
Kitsap County, Washington Superior Court. Dkt. 13-3, at
91-204. The Plaintiff's “Declaration of
Mailing” states that she sent the Defendants a copy of
an Amended Summons and the Amended Complaint to the
Defendants on June 24, 2019. Dkt. 13-3, at 207-208.
Defendants Wilmington and Selene's counsel acknowledge
that they received the Amended Complaint on June 26, 2019.
Dkt. 1, at 2.
On July 17, 2019, Defendants Wilmington and Selene removed
the case to this Court based on federal question
jurisdiction. Dkt. 1.
Dkt. 18, at 2-3.
28 U.S.C. § 1446 (b)(2)(A), “all defendants who
have been properly joined and served must join in or consent
to the removal of the action.” Dkt. 18, at 3. In the
September 10, 2019 Order, the undersigned noted that
“it is not clear from the record that Defendant Quality
Loan ‘join[ed] in or consent[ed] to the removal of the
action' here.” Accordingly, on or before September
19, 2019, the parties were ordered to show cause, in writing,
if any they had, why this Court should not grant the
Plaintiff's motion to remand based on Defendants'
failure to comply with 28 U.S.C. § 1446 (b)(2)(A).
September 16, 2019, Quality Loan filed a response to the
order to show cause, stating that it consented to removal on
July 9, 2019. Dkt. 20. Wilmington and Selene filed a response
to the order to show cause, and state that they
“erroneously removed the section of the notice of
removal noting Quality [Loan]'s consent.” Dkt. 23.
The Plaintiff also filed responses and maintains that the
case should be remanded. Dkts. 22 and 24.
September 13, 2019, the Plaintiff filed the “Motion to
Cease Service Upon Defunct Homeowners' Association and
Non-Existing Occupants of the Premises.” Dkt. 19. In
this motion, she asserts that there is no homeowner's
association anymore and that there are no other occupants of
the property, except herself. Dkt. 19. She moves for an order
that “the Defendants be ordered to cease notice and/or
service upon the Hidden Acres Homeowner's Association and
Occupants of the Premises.” Id. (As may be
relevant to this motion, Summons were issued on August 13,
2019, for “Hidden Acres ...