In re: Philip O. Emiabata

Filing 20

ORDER denying Appellant's 12 Motion for Correction of Appellees Numbers to Read Three Appellees and denying Appellant's 13 Motion for Full Disclosure of Corporate Owner-Ships[sic]/Certificate. Signed signed by Judge Marsha J. Pechman. (PM) cc: Appellant via first class mail

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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In re PHILLIP O. EMIABATA,

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Appellant,

CASE NO. C17-1752MJP
ORDER ON MOTIONS

v.
SPECIALIZED LOAN SERVICING,
LLC, and AVAIL 1 LLC,

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Appellees.
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There are currently pending before the Court two motions from Appellant:
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1. Appellants Motion Asking the Court for Correction of Appellees Numbers to Read Three
Appellees (Dkt. No. 12), and
2. Appellants Motion for Appellee: Avail 1. LLC. Full Disclosure of Corporate OwnerShips[sic]/Certificate (Dkt. No. 13).

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Having reviewed Appellant’s motions, the Court rules as follows:
IT IS ORDERED that the motions are DENIED.

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ORDER ON MOTIONS- 1

1 Discussion
2 Appellants Motion Asking the Court for Correction of Appellees Numbers to Read Three
3 Appellees (Dkt. No. 12)
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There are two appellees currently listed in the record for this case: Avail 1 LLC and
Specialized Loan Servicing. Appellant requests that a third party – JP Morgan Chase Bank (BSI

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Financial) – be added as an appellee in this matter.
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Appellant is referred to the Notice of Appeal and Statement of Election which he filled
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out and filed with the Court. (Dkt. No. 1-1.) Part 3 of that form directs the appellant to “[l]ist

8 the names of all parties to the judgment order, or decree appealed from.” The notice lists two
9 parties – “Specialized Loan Serving [sic] et al.” and “Avail 1 LLC” – and no others. (Id. at 1.)
10 The appellees listed in the court record are the parties identified by Appellant.
11 Appellants Motion for Appellee: Avail 1. LLC. Full Disclosure of Corporate Owner12 Ships[sic]/Certificate (Dkt. No. 13)
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Appellant requests “fully Disclosure of Avail 1 LLC Principal/Ownerships:
(1) Who are the Avail 1. LLC Holding/Share Holders or Stockholders.

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(2) Copy of Avail 1. LLC Certificate
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(3) Any Shareholder or Stockholders having interest more than 10%, interest of Avail.
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Holding.
(4) President and V.P. of Avail et al.”

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Corporate disclosure in District Court proceedings is governed by FRCP 7.1, “Disclosure

20 Statement,” which requires that “[a] nongovernmental corporate party must file two copies of a
21 disclosure statement that (1) identifies any parent corporation and any publicly held corporation
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owning 10% or more of its stock; or (2) states that there is no such corporation.”

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ORDER ON MOTIONS- 2

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The Corporate Disclosure Statement filed by Appellee Avail 1 LLC states: “Pursuant to

2 Fed. R. Civ. P. 7.1, the undersign, counsel of record for Avail 1 LLC, certifies that Avail 1 LLC
3 is wholly owned by Avail Holding LLC.” (Dkt. No. 5.)
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This disclosure statement satisfies the requirements of FRCP 7.1 (and, additionally,
appears to answer Appellant’s first and third questions). If Appellant wishes to discover

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additional information about the ownership and corporate structure of this appellee, he must do
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so by means of a request for discovery.
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Appellant’s motions are DENIED.

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The clerk is ordered to provide copies of this order to Appellant and to all counsel.
Dated this 20th day of February, 2018.

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A

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Marsha J. Pechman
United States District Judge

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ORDER ON MOTIONS- 3