Cytron v. PHH Mortgage Corporation et al

Filing 54

ORDER denying 53 Motion for Hearing. Signed by Judge David G Campbell on 3/24/17.(DXD)

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WO

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Adam C. Cytron,
Plaintiff,

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ORDER

v.

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No. CV-16-02441-PHX-DGC

PHH Mortgage Corporation, USAA Federal
Savings Bank, Jason P Sherman, Kari
Sheehan, and Daniel C Schmidt,

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Defendants.

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The Court entered an order on January 30, 2017, dismissing this action. Doc. 52.

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The dismissal was based on Plaintiff’s repeated failures to file an amended complaint as

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directed by the Court and his abusive actions toward the Court’s staff. Id. Plaintiff has

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now filed a motion for an emergency hearing that also mentions Rule 60(b)(3), a rule that

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governs motions for relief from an order or judgment based on fraud, misrepresentation,

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or misconduct by an opposing party. Plaintiff attaches a 40-page collection of documents

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to the motion that include references to misconduct by opposing counsel, portions of an

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apparent response to a Rule 12(b)(6) motion, portions or other briefs or complaints,

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copies of a deed of trust, and other unrelated documents.

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This case has been dismissed and the file is closed. Plaintiff provides no basis for

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an emergency hearing and no basis for finding that the prior dismissal should be set aside

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under Rule 60(b)(3).

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The Court also notes that Plaintiff has continued to call the Court’s staff, including

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calls today in which he demanded to speak with the undersigned judge and stated that he

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was on his way to the courthouse with a group of people and demanded an emergency

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hearing. Plaintiff is directed to stop calling the Court’s staff.

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IT IS ORDERED that Plaintiff’s motion (Doc. 53) is denied.

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Dated this 24th day of March, 2017.

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