Nordeen et al v. Taylor, Bean & Whitaker Mortgage Corp. et al
Filing
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ORDER that the ruling of the bankruptcy court in Nordeen et al. v. Taylor, Bean & Whitaker Mortgage Corporation et al., case number 2:14-cv-01470-JCM, be, and the same hereby is AFFIRMED. FURTHER ORDERED that the case of Nordeen et al. v. Taylor, Bean & Whitaker Mortgage Corporation et al., case number 2:14-cv-01470-JCM, be, and the same hereby is, DISMISSED.The clerk shall close the case. Signed by Judge James C. Mahan on 4/3/15. (Copies have been distributed pursuant to the NEF: cc USBC - MMM)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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***
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WILLIAM F. NORDEEN and CAROL A.
NORDEEN,
ORDER
Plaintiff(s),
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v.
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Case No. 2:14-CV-1470 JCM
TAYLOR, BEAN & WHITAKER
MORTGAGE CO., et al.,
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Defendant(s).
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Presently before the court is the bankruptcy appeal of Nordeen et al. v. Taylor, Bean &
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Whitaker Mortgage Corporation et al., case number 2:14-cv-01470-JCM. Pro se appellants
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William F. Nordeen and Carol A. Nordeen (hereinafter “appellants”) filed an opening brief. (Doc.
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# 11). Appellee Ocwen Loan Servicing, LLC (hereinafter “appellee”) filed an answering brief,
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(doc. # 14), and appellants filed a reply brief, (doc. # 15).
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I.
Background
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On June 21, 2007, appellants executed a deed of trust and $142,000.00 promissory note
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payable to Taylor, Bean & Whitaker Mortgage Company (“TBW”) to finance the purchase of their
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property. The deed of trust was later recorded with the Clark County Recorder’s Office.
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On June 28, 2009, Appellants filed a chapter 13 bankruptcy petition in the United States
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Bankruptcy Court for the District of Nevada. On August 13, 2009, the servicing of appellants’
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loan was transferred to appellee, and the deed of trust was assigned to appellee. On August 19,
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2009, appellee sent a letter to appellants informing them that it was the new servicer of their loan.
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At the time of the transfer to appellee, appellants’ loan balance totaled $138,701.63.
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James C. Mahan
U.S. District Judge
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On January 13, 2010, appellee filed a proof of claim in appellants’ bankruptcy proceeding.
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Appellants ceased making payments on their mortgage in 2010. (ER 436). On March 1, 2011,
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appellee filed an amended proof of claim.
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On April 8, 2011, appellants commenced an adversary proceeding against appellee and
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TBW in bankruptcy court. Appellants alleged causes of action against appellee for declaratory
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relief, misrepresentation/fraud, perjury, quiet title, unjust enrichment, and various “housing laws”
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violations, including claims under the Real Estate Settlement Procedures Act (“RESPA”), the
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Truth in Lending Act (“TILA”), and the Fair Debt Collection Practices Act (“FDCPA”).
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On August 15, 2011, appellee moved to dismiss appellants’ complaint. On September 20,
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2011, the bankruptcy court held a hearing on the motion. On January 18, 2012, the court granted
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appellee’s motion without prejudice.
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On December 30, 2011, appellants filed a second complaint against appellee and TBW,
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asserting the same claims. On April 5, 2012, appellee moved to dismiss appellants’ second
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complaint. On May 8, 2012, the bankruptcy court held a hearing on the motion. On August 10,
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2012, the court issued an order granting the motion and dismissing the complaint with prejudice.
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On August 23, 2012, appellants filed a notice of appeal. On March 12, 2013, Judge Jones
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issued an order affirming the bankruptcy court’s dismissal of all causes of action except appellants’
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quiet title claim. Judge Jones remanded appellants’ claim for quiet title to the bankruptcy court
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for further proceedings. On May 16, 2013, appellee transferred servicing of the loan to Nationstar
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Mortgage, LLC (“Nationstar”). At this time, appellants’ loan had a balance of $144,773.02. (ER
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397).
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On November 26, 2013, appellee filed a motion for summary judgment in bankruptcy court
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on appellants’ quiet title claim. (ER 379). Appellants filed a response, and appellee replied. On
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January 29, 2014, the bankruptcy court held a hearing on the motion. On May 29, 2014, the
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bankruptcy court issued a memorandum decision granting the motion. (ER 640).
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On June 9, 2014, appellants filed a motion for relief from the summary judgment order
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under Federal Rule of Civil Procedure 59(e). (ER 652). On June 16, 2014, the court issued an
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James C. Mahan
U.S. District Judge
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order to show cause why the proceedings should not be dismissed for failure to properly serve
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TBW. (ER 676).
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On or about August 6, 2014, appellants filed a response to the show cause order, addressing
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their substantive reconsideration arguments but failing to provide evidence that TBW was properly
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served. (ER 689).
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On August 20, 2014, the bankruptcy judge held a joint hearing on the motion to reconsider
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and the order to show cause. (ER 696). On August 25, 2014, the bankruptcy court issued two
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written decisions. First, the court denied the motion to reconsider. (ER 721). Second, the court
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entered an order dismissing TBW without prejudice for failure to properly effectuate service of
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process. (ER 724).
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On September 17, 2014, appellants filed the instant notice of appeal, challenging the
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summary judgment order, the order denying the motion for reconsideration, and the order
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dismissing TBW without prejudice. (Doc. # 3).
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II.
Legal Standards
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i.
Appellate review
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Under title 28 U.S.C. section 158(a), a district court has jurisdiction to hear appeals “from
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final judgments, orders and decrees . . . of bankruptcy judges.” 28 U.S.C. § 158(a); In re Rains,
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428 F.3d 893, 900 (9th Cir. 2005). The district court reviews a bankruptcy court’s conclusions of
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law de novo. In re Greene, 583 F.3d 614, 618 (9th Cir. 2009).
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The district court reviews the bankruptcy court’s findings of fact for clear error. Id. The
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court must accept the bankruptcy court’s findings of fact “unless, upon review, the court is left
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with the definite and firm conviction that a mistake has been committed by the bankruptcy judge.”
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Id. The bankruptcy court’s evidentiary rulings are reviewed for abuse of discretion. In re Kim,
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130 F.3d 863, 865 (9th Cir. 1997).
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On appeal, a grant of summary judgment is reviewed de novo. Wallis v. Princess Cruises,
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Inc., 306 F.3d 827, 832 (9th Cir. 2002). Viewing the evidence in the light most favorable to the
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nonmoving party, the court must determine whether any genuine dispute of material fact exists.
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Id.
James C. Mahan
U.S. District Judge
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Denial of a motion to reconsider a grant of summary judgment is reviewed for abuse of
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discretion. School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993). Appellate
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courts review a lower court’s dismissal for failure to properly serve a summons for abuse of
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discretion. In re Sheehan, 253 F.3d 507, 511-12 (9th Cir. 2001).
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ii.
Summary judgment
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The Federal Rules of Civil Procedure allow summary judgment when the pleadings,
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depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any,
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show that “there is no genuine dispute as to any material fact and the movant is entitled to a
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judgment as a matter of law.” Fed. R. Civ. P. 56(a). A principal purpose of summary judgment is
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“to isolate and dispose of factually unsupported claims.” Celotex Corp. v. Catrett, 477 U.S. 317,
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323-24 (1986).
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For purposes of summary judgment, disputed factual issues should be construed in favor
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of the non-moving party. Lujan v. Nat’l Wildlife Fed., 497 U.S. 871, 888 (1990). However, to be
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entitled to a denial of summary judgment, the non-moving party must “set forth specific facts
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showing that there is a genuine issue for trial.” Id.
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In determining summary judgment, a court applies a burden-shifting analysis. “When the
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party moving for summary judgment would bear the burden of proof at trial, it must come forward
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with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at
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trial. In such a case, the moving party has the initial burden of establishing the absence of a genuine
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issue of fact on each issue material to its case.” C.A.R. Transp. Brokerage Co. v. Darden Rests.,
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Inc., 213 F.3d 474, 480 (9th Cir. 2000) (citations omitted).
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By contrast, when the non-moving party bears the burden of proving the claim or defense,
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the moving party can meet its burden in two ways: (1) by presenting evidence to negate an essential
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element of the non-moving party’s case; or (2) by demonstrating that the non-moving party failed
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to make a showing sufficient to establish an element essential to that party’s case on which that
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party will bear the burden of proof at trial. See Celotex Corp., 477 U.S. at 323-24. If the moving
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party fails to meet its initial burden, summary judgment must be denied and the court need not
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James C. Mahan
U.S. District Judge
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consider the non-moving party’s evidence. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 159-
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60 (1970).
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If the moving party satisfies its initial burden, the burden then shifts to the opposing party
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to establish that a genuine issue of material fact exists. See Matsushita Elec. Indus. Co. v. Zenith
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Radio Corp., 475 U.S. 574, 586 (1986). To establish the existence of a factual dispute, the
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opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient
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that “the claimed factual dispute be shown to require a jury or judge to resolve the parties’ differing
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versions of the truth at trial.” T.W. Elec. Serv., Inc. v. Pac. Elec. Contractors Ass’n, 809 F.2d 626,
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631 (9th Cir. 1987).
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iii.
Motion to reconsider
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A motion for reconsideration “should not be granted, absent highly unusual
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circumstances.” Kona Enters., Inc. v. Estate of Bishop, 229 F.3d 877, 890 (9th Cir. 2000).
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“Reconsideration is appropriate if the district court (1) is presented with newly discovered
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evidence, (2) committed clear error or the initial decision was manifestly unjust, or (3) if there is
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an intervening change in controlling law.” School Dist. No. 1J v. ACandS, Inc., 5 F.3d 1255, 1263
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(9th Cir. 1993); Fed. R. Civ. P. 60(b). “A motion to alter or amend a judgment must be filed no
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later than 28 days after the entry of the judgment.” Fed. R. Civ. P. 59(e).
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iv.
Rule 4(m)
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Federal Rule of Civil Procedure 4(m) provides: “If a defendant is not served within 120
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days after the complaint is filed, the court—on motion or on its own after notice to the plaintiff—
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must dismiss the action without prejudice.” Bankruptcy Rule 7004(a) incorporates by reference
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Rule 4(m) into the bankruptcy rules. See Fed. R. Bankr. P. 7004(a)(1).
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Absent a showing of good cause, a court has broad discretion to dismiss the complaint
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without prejudice or extend the time to effectuate proper service. In re Sheehan, 253 F.3d 507,
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512-13 (9th Cir. 2001).
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James C. Mahan
U.S. District Judge
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III.
Discussion
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This court has jurisdiction over the instant appeal because it is taken from final orders issued
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by the bankruptcy judge granting summary judgment, denying reconsideration, and dismissing the
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remaining party without prejudice. See 28 U.S.C. § 158(a).
Appellants make a number of arguments that they contend warrant reversal of the
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bankruptcy court. The court will discuss the relevant points in turn.
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i.
Feezer declaration
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Appellants first contend that the bankruptcy court erred in considering the declaration of
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Gina Feezer, submitted in support of appellee’s motion for summary judgment. (Doc. # 11).
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Appellants argue that Ms. Feezer is not the proper custodian to their records because she works
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for appellee’s parent company and is not a supervisor in the department where appellants’ records
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are kept. (Doc. # 11).
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Federal Rule of Civil Procedure 56(c)(4) provides that “[a]n affidavit or declaration used
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to support or oppose a motion must be made on personal knowledge, set out facts that would be
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admissible in evidence, and show that the affiant or declarant is competent to testify on the matters
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stated.” Fed. R. Civ. P. 56(c)(4). Federal Rule of Evidence 602 permits witness testimony on
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issues about which the witness has personal knowledge. Fed. R. Evid. 602.
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Ms. Feezer works as a senior loan analyst for appellee. Her declaration was made based
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on personal knowledge of appellee’s records and documents. (ER 396). Ms. Feezer states that
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appellants owed $138,701.63 on their promissory note when appellee took over as servicer. She
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accordingly confirms that appellee “never cancelled, forgave, or ‘zeroed-out’ the loan balance.”
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(ER 395-97).
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Ms. Feezer declares that appellants ceased making note payments by about February 2010,
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a fact that appellants do not contest. She also notes that appellee never commenced foreclosure
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proceedings, transferring its servicing rights to Nationstar effective May 16, 2013. (ER 396-97).
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James C. Mahan
U.S. District Judge
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Appellants inaccurately contend that Ms. Feezer’s declaration is barred by the rule against
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hearsay. See Fed. R. Evid. 802. Further, to the extent that appellee introduced any records
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regarding appellants’ loan through Ms. Feezer’s testimony, such evidence was permitted under the
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business records exception to the hearsay rule. See Fed. R. Evid. 803(6).
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Based on the foregoing, the court finds that the bankruptcy court did not err by considering
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the Feezer declaration in ruling on appellee’s motion for summary judgment and appellants’ Rule
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59(e) motion. Accordingly, reversal on these grounds is not appropriate.
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ii.
McCaffrey affidavit
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Appellants next contend that the bankruptcy court erred in refusing to consider the affidavit
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of William McCaffrey in ruling on appellee’s motion for summary judgment. Appellants first
referenced this affidavit at the bankruptcy court’s January 29, 2014, hearing on the motion for
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summary judgment. (ER 636). However, they did not produce it until after the hearing. (ER 668).
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At the January 29, 2014, hearing, Ms. Nordeen stated: “I do have somebody that’s working
on an affidavit because the contention is our loan’s paid off . . . .” (ER 629). Appellee’s counsel
responded: “The expert deadline has passed. So if this is an expert affidavit, it wouldn’t be
admissible anyway.” (ER 636).
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The court took the matter under submission and entered a memorandum decision granting
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appellee’s motion for summary judgment on May 29, 2014. (ER 640). On June 9, 2014, appellants
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filed a Rule 59(e) motion for relief from judgment, attaching the McCaffrey affidavit dated January
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30, 2014. (ER 652).
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On August 20, 2014, the bankruptcy court held a hearing on the Rule 59(e) motion. (ER
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696). On August 25, 2014, the court issued an order denying the motion for relief. (ER 721). The
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court held that the McCaffrey affidavit did not constitute newly discovered evidence, as it was
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executed just one day after the court held its summary judgment hearing. Further, the court noted
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that the affidavit contained the same arguments and legal conclusions already presented. (ER 722).
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James C. Mahan
U.S. District Judge
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As appellee notes, appellants failed to timely disclose the McCaffrey affidavit. This
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evidence was not provided to appellee during discovery, briefing, or the court’s hearing on the
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motion for summary judgment. (Doc. # 14).
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Federal Rule of Civil Procedure 26(a)(2) requires disclosure of expert testimony during
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discovery. Fed. R. Civ. P. 26(a)(2). Appellee notes that appellants’ belated disclosure of the
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affidavit at issue deprived it of the opportunity to depose Mr. McCaffrey pursuant to Rule 26(b)(4).
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(Doc. # 14).
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Moreover, upon reviewing the McCaffrey affidavit, the court finds that it would not be
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relevant to a summary judgment ruling. While Mr. McCaffrey states that he has experience in
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pertinent fields, his affidavit does not present a genuine dispute of material fact.
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The affidavit at issue relies on Mr. McCaffrey’s “personal knowledge and experience to
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render opinions” with regard to securitization of loans, among other topics. (ER 668). In his
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affidavit, Mr. McCaffrey explains his reading of the balance sheets at issue and states that appellee
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does not constitute a holder in due course. (ER 670).
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The McCaffrey affidavit does not provide any further evidence to support appellants’
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contention that the remaining balance of the loan was somehow discharged, forgiven, or paid off.
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It merely sets forth appellants’ reading of the balance sheets, which the court found unpersuasive.
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Further, because appellee never attempted to assert an adverse interest on the property, Mr.
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McCaffrey’s opinion regarding whether appellee is a holder in due course is irrelevant.
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Overall, the court finds that the bankruptcy court did not err in refusing to consider the
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untimely McCaffrey affidavit. Accordingly, the bankruptcy court’s decision is not properly
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reversed on these grounds. The court will now turn to appellants’ jurisdictional arguments.
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iii.
Jurisdictional issues
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Appellants argue that the bankruptcy court erred in asserting jurisdiction over appellants’
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non-core claims. Appellants believe that they are entitled to have an Article III court hear all their
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claims in this case, including those that were previously dismissed.
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James C. Mahan
U.S. District Judge
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The bankruptcy court here construed appellants’ quiet title claim as a non-core matter. (ER
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645). In its order on appellants’ motion for summary judgment, the bankruptcy court noted that
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appellants contested entry of final judgment by the bankruptcy court. (ER 644).
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A bankruptcy court may only enter final judgment on non-core matters with consent of the
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parties. 28 U.S.C. § 157(c)(2); see also In re Bellingham Ins. Agency, Inc., 702 F.3d 553, 567 (9th
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Cir. 2012) (noting and applying this standard).
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However, the Ninth Circuit has held that such consent may be implied by a party’s conduct.
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See In re Bellingham, 702 F.3d at 567-70 (finding consent where party contesting jurisdiction
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“fully litigated the fraudulent conveyance action before the bankruptcy court and the district
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court”); In re Mann, 907 F.2d 923, 926 (9th Cir. 1990) (holding that party consented by filing
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adversary proceeding in bankruptcy court and never objecting to court’s jurisdiction prior to entry
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of judgment against him); In re Daniels-Head & Assocs., 819 F.2d 914, 919 (9th Cir. 1987)
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(“[A]ppellant should not now, after fully litigating its case in bankruptcy court, be permitted to
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object to that court’s jurisdiction . . . appellant’s failure to object . . . constitutes consent . . . .”).
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Here, appellants commenced an adversary proceeding in bankruptcy court. They objected
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to the bankruptcy court’s entry of final judgment for the first time almost two years later, after the
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bankruptcy court had dismissed their claims and the district court had remanded the quiet title
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claim on appeal.
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As appellants’ complaint evidences, appellants believed that all of their claims were core
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proceedings up until the district court remanded their quiet title claim and indicated otherwise.
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However, appellants cite no legal authority indicating that this somehow changes their implied
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consent to have the bankruptcy court adjudicate these claims.
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The procedural history here aligns with that of other cases in this jurisdiction finding
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implied consent. See, e.g., In re Mann, 907 F.2d at 926 (finding waiver where party filed adversary
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proceeding in bankruptcy court and waited to object until after final judgment). More generally,
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courts have found implied consent on the part of pro se parties in bankruptcy proceedings. See,
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e.g., In re West, 126 Fed. App’x 418, 419 (9th Cir. 2005); In re Tex. Gen. Petroleum Corp., 52
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F.3d 1330, 1337 (5th Cir. 1995).
James C. Mahan
U.S. District Judge
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Finally, as the Ninth Circuit bankruptcy appeal panel has stated, “[a]n allegation that the
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proceeding is core serves as an express consent for the bankruptcy court to treat the proceeding as
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core and enter a final order in that proceeding.” In re Wash Coast I, LLC, 485 B.R. 393, 408
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(B.A.P. 9th Cir. 2012). As the bankruptcy court pointed out and as this court noted above,
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appellants’ complaint characterized their claims as core proceedings. (ER 003).
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By bringing their adversary proceeding in bankruptcy court and failing to timely object to
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jurisdiction, the court finds that appellants waived their right to contest final judgment by the
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bankruptcy court on their non-core claims. The bankruptcy court’s judgment is therefore not
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properly reversed on these grounds. The court will now review the bankruptcy court’s substantive
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rulings on appellants’ quiet title claim.
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iv.
Summary judgment
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Appellants argue that the bankruptcy court improperly granted summary judgment on their
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sole remaining claim for quiet title. (Doc. # 11). Appellants originally sued for quiet title on the
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grounds that any interest asserted by appellee unlawfully clouds appellants’ title in their property.
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Appellants argued that they had no remaining duty to tender the debt because TBW somehow paid
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or forgave payment of their note. (ER 001).
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In Nevada, an action to quiet title may be brought “by any person against another who
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claims an estate or interest in real property, adverse to the person bringing the action, for the
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purpose of determining such adverse claim.” NRS 40.010.
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In such an action, the plaintiff has a burden of proof to show that he has good title and has
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paid any debt owed on the property. Breliant v. Preferred Equities Corp., 918 P.2d 314, 318
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(1996); see also Viloria v. Premium Capital Funding LLC, 2:12-cv-00406-KJD-PAL, 2012 WL
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4361252 at *3 (D. Nev. Sept. 20, 2012).
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Appellee argues that summary judgment was proper because appellee does not assert any
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adverse interest in the property. Further, appellee notes that appellants failed to produce any
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evidence that they paid off the loan balance and therefore possess a valid interest. (Doc. # 14).
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James C. Mahan
U.S. District Judge
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Upon review of the record and the parties’ arguments, the court will affirm the bankruptcy
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court’s grant of summary judgment. Appellants failed to show a genuine dispute of material fact
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with regard to their claim for quiet title against appellee.
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Appellee has stated that it is not asserting an adverse interest in the property. Appellee
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never attempted to foreclose on the property, and has since transferred servicing rights to
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Nationstar. (ER 397). Additionally, appellants concede that they have failed to make up-to-date
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payments on their loan. (ER 436). Appellants’ argument that their loan balance was discharged
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is not persuasive, and is not supported by the evidence.
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The crux of appellants’ argument is that two balance sheets evidence TBW paying off
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appellants’ net principal balance of $138,701.63, leaving appellants without debt to anyone. (Doc.
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# 11). As noted by the bankruptcy court, appellants rely solely on the balance sheets in support of
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this theory. (ER 649-50). They do not provide any additional evidence such as a letter or other
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notice that their loan balance was forgiven.
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As the bankruptcy court held, appellants’ theory is extremely implausible. By contrast, the
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evidence readily supports appellees’ reading of the balance sheets. Namely, the records reflect a
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change to a zero balance on appellants’ loan during the same time period that servicing of
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appellants’ loan was transferred. Further, one balance sheet’s entry is labeled with transaction
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type “EXP” and transaction description “TRF SERV.” (ER 247). The bankruptcy court properly
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read this entry to indicate a transfer of servicing rather than forgiveness of the loan balance. (ER
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649).
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While the court should view the evidence in the light most favorable to the non-moving
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party on summary judgment, the court should grant summary judgment where no genuine dispute
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of material fact exists. Appellants did not produce viable evidence showing a genuine dispute of
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material fact in this case. Accordingly, the court finds that the bankruptcy court did not err in
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granting summary judgment in appellee’s favor on appellants’ quiet title claim. This ruling will
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be affirmed.
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James C. Mahan
U.S. District Judge
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v.
Reconsideration
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Appellants also seek review of the bankruptcy court’s denial of reconsideration. This
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decision is reviewed for abuse of discretion. The court finds that the bankruptcy court clearly did
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not abuse its discretion in denying reconsideration of its summary judgment order.
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As discussed above, the court properly refused to consider the McCaffrey affidavit as new
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evidence. Further, based on review of the summary judgment order in this case, the court
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concludes that the bankruptcy court did not commit clear error in granting summary judgment such
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that reconsideration would have been warranted. Accordingly, the court will affirm the bankruptcy
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court’s denial of the motion to reconsider. The court will now address appellants’ final claim on
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appeal regarding the dismissal of TBW for improper service.
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vi.
Dismissal of TBW
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Appellants’ notice of appeal also states that they appeal the bankruptcy court’s order
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dismissing TBW without prejudice. In their opening brief, appellants comment that this dismissal
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due to improper service was incorrect. (Doc. # 11). However, the parties do not substantively
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brief the issue.
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On August 25, 2014, the bankruptcy court issued an order dismissing TBW without
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prejudice. (ER 724). The court noted that appellants’ service of summons issued on January 24,
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2012, had failed to comply with Federal Rule of Bankruptcy Procedure 7004(b)(3). On March 7,
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2012, amended summons were issued. Appellants filed an affidavit of service as to appellee, but
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failed to do so for TBW.
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On June 16, 2014, the court entered an order to show cause noting that appellants never
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established service as to TBW. On August 20, 2014, the court held a hearing on the order to show
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cause. At the hearing, the court noted its understanding based on the record and the parties’
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representations that TBW had filed for bankruptcy. Nevertheless, the court stated that dismissal
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was proper because the record lacked evidence that TBW had been properly served. The court
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explained that while an amended summons was issued, it was never returned or entered on the
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record. (ER 702).
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James C. Mahan
U.S. District Judge
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Federal Rule of Civil Procedure 4(m) provides that “[i]f service of the summons and
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complaint is not made upon a defendant within 120 days after the filing of the complaint, the court,
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upon motion or on its own initiative after notice to the plaintiff, shall dismiss the action without
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prejudice as to that defendant . . . .” Fed. R. Civ. P. 4(m); see also Fed. R. Bankr. P. 7004(a)(1)
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(stating that Rule 4(m) applies in adversary bankruptcy proceedings).
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On appeal, appellants provide no evidence or argument that this dismissal should be
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reversed. Appellants make conclusory statements that dismissal was improper but do not provide
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substantive supporting proof.
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The record does not support a finding that the bankruptcy court abused its discretion in
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dismissing TBW without prejudice. A district court has broad discretion to dismiss for failure to
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properly serve. Because appellants cannot show that TBW was properly served, the court will
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affirm the bankruptcy court on this issue.
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IV.
Conclusion
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The court has reviewed the record and the relevant issues on appeal. Based on the
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foregoing, the court will affirm the bankruptcy court’s grant of summary judgment, denial of
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reconsideration, and dismissal of TBW without prejudice.
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Accordingly,
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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the ruling of the
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bankruptcy court in Nordeen et al. v. Taylor, Bean & Whitaker Mortgage Corporation et al., case
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number 2:14-cv-01470-JCM, be, and the same hereby is AFFIRMED.
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IT IS FURTHER ORDERED that the case of Nordeen et al. v. Taylor, Bean & Whitaker
22
Mortgage Corporation et al., case number 2:14-cv-01470-JCM, be, and the same hereby is,
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DISMISSED.
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The clerk shall close the case.
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DATED April 3, 2015.
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__________________________________________
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UNITED STATES DISTRICT JUDGE
James C. Mahan
U.S. District Judge
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