Fick v. US Bank National Association et al

Filing 19

MINUTE ORDER granting 17 Motion to Quash Service of Summons and Complaint by Magistrate Judge Kristen L. Mix on 01/05/12.(jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03184-WYD-KLM
LINDA SUE FICK,
Plaintiff,
v.
US BANK NATIONAL ASSOCIATION,
CITIGROUP MORTGAGE LOAN TRUST,
WELLS FARGO,
NEW CENTURY MORTGAGE,
AMERICA’S SERVICING COMPANY,
CITIGROUP MORTGAGE LOAN TRUSTS, and
CASTLE STAWIARSKI, LLC,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendant Castle Stawiarski’s (“Castle”)
Unopposed Motion of Defendant Castle Stawiarski, LLC to Quash Service of
Summons and Complaint [Docket No. 17; Filed January 4, 2012] (the “Motion”). On
December 9, 2011, Magistrate Judge Boland issued an Order that granted Plaintiff leave
to proceed pursuant to 28 U.S.C. § 1915. See Order [#6] at 1. The Order further
mandated that process was not to issue at that time until the Court reviewed “the complaint
pursuant to 28 U.S.C. § 1915(e)(2)(B) to determine if the complaint is frivolous or malicious,
fails to state a claim on which relief may be granted, or seeks monetary relief against a
defendant who is immune from such relief.” Id. at 1-2. However, process issued on
December 12, 2011 [#10], and Defendant Castle was served on December 21, 2011. See
Summons [#12]. Because process issued to Defendant Castle in contravention of a Court
Order [#6],
IT IS HEREBY ORDERED that the Motion [#17] is GRANTED.
IT IS FURTHER ORDERED that the service of Summons [#12] and Complaint [#1]
is QUASHED.
Dated: January 5, 2012