Neilson v. HSBC et al

Filing 67

MEMORANDUM AND ORDER - As previously stated, I have a reasonable suspicion that one or more of the plaintiffs and one or more of two defendants in the above-captioned actions are engaging in a fraud on the court. Before this suspicion fully came to light, the clerk of court entered orders of default against two defendants in Case No. 4:16CV3093, specifically, Arvind Karkera and Northern Title Company. (See Case No. 4:16CV3093, Filing Nos. 33 , 37 .) Northern Title Company has since move d to vacate the clerk's entry of default. (Case No. 4:16CV3093, Filing No. 51 .) In light of the current state of affairs in these cases, and the likelihood that several parties are engaging in fraud and pursuing frivolous causes of action , the court finds good cause to do so. See Fed. R. Civ. P. 55. Accordingly, the court will vacate the entry of default as to both Northern Title Company and Arvind Karkera. IT IS ORDERED:1. Northern Title Company's Motion to Set Aside D efault (Case No. 4:16CV3093,Filing No. 51 ) is granted. 2. The clerk's entry of default against Northern Title Company and Arvind Karkera are hereby set aside. 3. Plaintiff's "Motion for Orders Directing the Clerk of the Court to Enter the Default" (Case No. 4:16CV3093, Filing No. 36 ) is denied as moot. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se parties)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LISA NELSON, personally and as assignee
of claims belonging to the Shanandoah
Trust, H. Lundahl Telford personally and as
assignee to the claims of Marti Lundahl, and
H. LUNDAHL TELFORD,
Plaintiffs,
v.
MOUNTAIN WEST FARM BUREAU
MUTUAL INSURANCE COMPANY,
JEFFREY A. DONNELL, GEORGE E.
POWERS, LAW OFFICES OF SUNDAHL,
POWERS, KAPP & MARTIN, D.
CHRISTINSEN, SUSAN AUKEMA,
PAMELLA GEE, U.S. Postal Employees, and
DOES 1-10,
Defendants.

E.H. NEILSON,
Plaintiff,
v.
HSBC, BENEFICIAL WYOMING, INC.,
WADE WALDRIP, Judge, JAMES
BELCHER, LAW OFFICE OF CROWLEY
AND FLECK, UNITED STATES POSTAL
SERVICE, K.S. CHRISTIANSEN, and
DOES 1-10,
Defendants.

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8:16CV368

MEMORANDUM
AND ORDER

4:16CV3093

MEMORANDUM
AND ORDER

As previously stated, I have a reasonable suspicion that one or more of the plaintiffs and one
or more of two defendants in the above-captioned actions are engaging in a fraud on the court.
Before this suspicion fully came to light, the clerk of court entered orders of default against two

defendants in Case No. 4:16CV3093, specifically, Arvind Karkera and Northern Title Company.
(See Case No. 4:16CV3093, Filing Nos. 33, 37.) Northern Title Company has since moved to vacate
the clerk’s entry of default. (Case No. 4:16CV3093, Filing No. 51.) In light of the current state of
affairs in these cases, and the likelihood that several parties are engaging in fraud and pursuing
frivolous causes of action, the court finds good cause to do so. See Fed. R. Civ. P. 55. Accordingly,
the court will vacate the entry of default as to both Northern Title Company and Arvind Karkera.
IT IS ORDERED:
1.

Northern Title Company’s Motion to Set Aside Default (Case No. 4:16CV3093,
Filing No. 51) is granted.

2.

The clerk’s entry of default against Northern Title Company and Arvind Karkera are
hereby set aside.

3.

Plaintiff’s “Motion for Orders Directing the Clerk of the Court to Enter the Default”
(Case No. 4:16CV3093, Filing No. 36) is denied as moot.

DATED this 26th day of September, 2016.
BY THE COURT:

s/ Richard G. Kopf
Senior United States District Judge
and Pro Se Docket Supervisor

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