Ramirez v. Litton Loan Servicing LP et al

Filing 19

ORDER that Pla's 18 Motion to Declare Litton Loan Serving LP and Penny Mac Loan Services To Be Unsecured Creditors, is summarily denied without prejudice. Directing the Clerk to mail a copy of this Order to Mr. Robert A. Mackenzie. Signed by Magistrate Judge Lawrence O Anderson on 04/10/09.(ESL)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Ella C. Ramirez,

) ) Plaintiff, ) ) vs. ) ) ) Litton Loan Servicing LP; Penny Mac) Loan Services, ) ) Defendants. ) ) )

No. CV-09-0319-PHX-LOA ORDER

This case arises upon pro se Plaintiff's pleading entitled Motion to Declare Litton Loan Serving LP and Penny Mac Loan Services To Be Unsecured Creditors, filed on April 6, 2009. (docket # 18) The subject motion does not make sense in the context of this civil lawsuit. Perhaps the pro se Plaintiff mistakenly filed this Motion in this stayed civil case instead of her bankruptcy case. In any event, Plaintiff's Motion seeking affirmative relief in this case violates the automatic stay imposed pursuant to 11 U.S.C. § 362(a)(1) with the filing of Plaintiff's Bankruptcy Petition and this Court's stay order entered on March 19, 2009. (docket # 14) On the Court's own motion, IT IS ORDERED that pro se Plaintiff's pleading entitled Motion to Declare Litton Loan Serving LP and Penny Mac Loan Services To Be Unsecured Creditors, docket

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# 18, is summarily DENIED without prejudice as a violation of the automatic stay imposed pursuant to 11 U.S.C. § 362(a)(1) and this Court's stay order entered on March 19, 2009. IT IS FURTHER ORDERED directing the Clerk to mail a copy of this Order

to Mr. Robert A. Mackenzie, 2025 N. 3rd St., #157, Phoenix, Az 85004. DATED this 10th day of April, 2009.

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