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CM/ECF - U.S.

District Court:cod

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ALLMTN,MAGR

U.S. District Court District of Colorado (Denver) CIVIL DOCKET FOR CASE #: 1:12-cv-02716-WJM-MEH

Brumfiel v. U.S. Bank et al Assigned to: Judge William J. Martinez Referred to: Magistrate Judge Michael E. Hegarty Cause: 28:1983 Civil Rights Plaintiff Lisa Kay Brumfiel

Date Filed: 10/12/2012 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question

represented by Lisa Kay Brumfiel 1499 S. Jasper Way Aurora, CO 80013 PRO SE

Plaintiff Lisa Kay Brumfeil TERMINATED: 03/22/2013 represented by Lisa Kay Brumfeil 1499 South Jasper Way Aurora, CO 80013 702-275-9730 PRO SE

V. Defendant U.S. Bank represented by John Kevin Bridston Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8104 Fax: 303-295-8261 Email: kbridston@hollandhart.com ATTORNEY TO BE NOTICED Sean Michael Hanlon Holland & Hart, LLP-Denver P.O. Box 8749 555 17th Street #3200 Denver, CO 80201-8749 303-295-8000 Fax: 303-295-8261 Email: smhanlon@hollandhart.com

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ATTORNEY TO BE NOTICED Defendant Larry Castle in his corporate capacity represented by Christopher T. Groen Castle Law Group, LLC, The 999 18th Street Suite 2201 Denver, CO 80202 303-865-1455 Fax: 303-865-1555 Email: cgroen@cmsatty.com ATTORNEY TO BE NOTICED Phillip A. Vaglica Castle Law Group, LLC, The 999 18th Street Suite 2201 Denver, CO 80202 303-865-1400 Fax: 303-865-1410 Email: vaglica@vaglica.com ATTORNEY TO BE NOTICED Defendant Larry (I) Castle in his individual capacity represented by Christopher T. Groen (See above for address) ATTORNEY TO BE NOTICED Phillip A. Vaglica (See above for address) ATTORNEY TO BE NOTICED Defendant Castle Stawiarski and Does 1-100 represented by Christopher T. Groen (See above for address) ATTORNEY TO BE NOTICED Phillip A. Vaglica (See above for address) ATTORNEY TO BE NOTICED Defendant MERS a division of MERSCORP and Does 1-100 represented by John Kevin Bridston (See above for address) ATTORNEY TO BE NOTICED Sean Michael Hanlon (See above for address) ATTORNEY TO BE NOTICED Defendant

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Cynthia Mares Public Trustee in her official capacity

represented by Christine Cachey Stretesky Arapahoe County Attorney's OfficeLittleton 5334 South Prince Street Littleton, CO 80120-1136 303-795-4639 Fax: 303-738-7836 Email: cstretesky@arapahoegov.com ATTORNEY TO BE NOTICED

Defendant Robert J. Hopp represented by Ashley Nicole Ricketson Hopp Law Firm, LLC 333 West Colfax Avenue #500 Denver, CO 80204 303-225-0815 Fax: 303-531-2159 Email: a.ricketson@hopplawfirm.com TERMINATED: 05/09/2013 ATTORNEY TO BE NOTICED Neal Joseph Valorz Hopp Law Firm, LLC 333 West Colfax Avenue Suite 400 Denver, CO 80204 720-833-8476 Fax: 720-833-8476 Email: n.valorz@hopplawfirm.com ATTORNEY TO BE NOTICED Defendant Robert (I) J. Hopp represented by Ashley Nicole Ricketson (See above for address) TERMINATED: 05/09/2013 ATTORNEY TO BE NOTICED Neal Joseph Valorz (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/12/2012

Docket Text

1 Verified COMPLAINT for Declaratory and Injunctive Relief and Damages against Larry Castle, Larry (I) Castle, Castle Stawiarski, U.S. Bank Filing Fee: $350.00 Receipt Number:50942, Summons issued, filed by Lisa Kay Brumfeil. (Attachments: # 1 Civil Cover Sheet)(dbera, ) Modified on 10/12/2012 to reflect summons issuance. (dbera, ). (Entered: 10/12/2012)

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2 Case assigned to Judge William J. Martinez and drawn to Magistrate Judge Micheal E. Hegarty. Text Only Entry (dbera, ) (Entered: 10/12/2012) 3 Combined Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Lisa Kay Brumfeil. (dbera, ) (Entered: 10/12/2012) 4 AFFIDAVIT/RETURN of Service of Summons and Complaint upon Mari Hammock on 10/12/2012, filed by Plaintiff Lisa Kay Brumfeil (Attachments: # 1 Proof of Service, # 2 Proof of Service)(dbera, ) (Entered: 10/12/2012) 5 ORDER Denying 3 Combined Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiff is prohibited from filing any further emergency motions in this action seeking to enjoin the related foreclosure proceedings in state court. By Judge William J. Martinez on 10/15/12. (alvsl) (Entered: 10/15/2012) 6 ORDER REFERRING CASE to Magistrate Judge Michael E. Hegarty. Magistrate Judge Hegarty is designated to conduct ALLMTN proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 10/15/2012. Text Only Entry (wjmsec, ) (Entered: 10/15/2012) 7 CERTIFICATE of Mailing/Service re 3 MOTION for Temporary Restraining Order, 1 Complaint, by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 10/15/2012) 8 MINUTE ORDER Scheduling Conference set for 1/8/2013 at 9:45 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 10/17/2012. (mehcd) (Entered: 10/17/2012) 9 MOTION to Dismiss for Lack of Jurisdiction by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Proposed Order (PDF Only))(Groen, Christopher) (Entered: 11/02/2012) 10 MEMORANDUM regarding 9 MOTION to Dismiss for Lack of Jurisdiction filed by Larry Castle, Larry (I) Castle, Castle Stawiarski. Motions referred to Magistrate Judge Michael E. Hegarty, by Judge William J. Martinez on 11/2/2012. Text Only Entry (ervsl, ) (Entered: 11/02/2012) 11 MINUTE ORDER re: 9 MOTION to Dismiss for Lack of Jurisdiction filed by Larry Castle, Larry (I) Castle, Castle Stawiarski, Pursuant to Fed. R. Civ. P. 12(b)(1). Pursuant to Fed. R. Civ. P. 6(d) and D.C. Colo. LCivR 7.1C, the Plaintiff shall file a response to the motion on or before November 26, 2012. Defendants may file a reply in support of the motion within fourteen (14) days after the response is served, by Magistrate Judge Michael E. Hegarty on 11/6/2012. (ervsl, ) (Entered: 11/06/2012) 12 NOTICE of Entry of Appearance by Phillip A. Vaglica on behalf of Larry Castle, Larry (I) Castle, Castle Stawiarski (Vaglica, Phillip) (Entered: 11/07/2012) 13 RESPONSE in Oposition to 9 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Exhibit A, # 2 Magistrate Judge Consent Form B)(ervsl, ) (Entered: 11/27/2012)

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12/10/2012

14 MINUTE ORDER re: 13 Response to Motion filed by Lisa Kay Brumfeil. The Plaintiffs response brief is more than 30 pages long and is stricken for failure to comply with Judge Martinez Practice Standards for Civil Cases, Section III.C.1., by Magistrate Judge Michael E. Hegarty on 12/10/2012. (ervsl, ) (Entered: 12/10/2012) 15 MINUTE ORDER This matter comes before the Court sua sponte. Due to a conflict in the Courts calendar, the Scheduling Conference set in this case for January 8, 2013, is vacated and reset. Scheduling Conference Reset for 1/10/2013 10:15 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty, by Magistrate Judge Michael E. Hegarty on 12/27/2012. (ervsl, ) (Entered: 12/27/2012) 16 MOTION for Leave to Brief in Opposition to the Motion to Dismiss in Excess of 15 Pages by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Proposed Document Brief in Opposition, # 2 Exhibit)(ervsl, ) (Entered: 12/28/2012) 17 MEMORANDUM regarding 16 MOTION for Leave to File Excess Pages filed by Lisa Kay Brumfeil. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 01/02/2013. Text Only Entry (wjmsec, ) (Entered: 01/02/2013) 18 Proposed Scheduling Order by Defendants Larry (I) Castle, Castle Stawiarski. (Groen, Christopher) (Entered: 01/02/2013) 19 MINUTE ORDER granting 16 Plaintiff's unopposed Motion for Leave to File Plaintiff's Brief in Opposition to the Motion to Dismiss in Excess of 15 Pages. The Clerk of the Court is directed to file Plaintiff's response brief, located at Docket Entry [16-1]. Defendants may file a reply brief in support of their motion on or before 1/17/2013. By Magistrate Judge Michael E. Hegarty on 1/3/2013. (mehcd) (Entered: 01/04/2013) 20 BRIEF in Opposition to 9 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Exhibit)(ervsl, ) (Entered: 01/04/2013) 21 REPLY to Response to 9 MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Exhibit H, # 2 Exhibit I)(Groen, Christopher) (Entered: 01/07/2013) 22 NOTICE of Change of Address/Contact Information Firm Name by Christopher T. Groen (Groen, Christopher) (Entered: 01/08/2013) 23 COURTROOM MINUTES/MINUTE ORDER for proceedings held before Magistrate Judge Michael E. Hegarty: Scheduling Conference held on 1/10/2013. Final Pretrial Conference set for 9/17/2013 at 9:30 AM in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. FTR: C. Coomes -- Courtroom A-501. (mehcd) (Entered: 01/10/2013) 24 SCHEDULING ORDER: Discovery due by 6/7/2013. Dispositive Motions due by 7/6/2013. By Magistrate Judge Michael E. Hegarty on 1/10/2013. (mehcd) (Entered: 01/11/2013) 25 ORDER TO SHOW CAUSE: Defendants are ORDERED to show cause in writing no later than February 6, 2013, as to why this Court should not deny the motion without prejudice as to Defendants request for an order dismissing Plaintiffs claims for lack of standing based upon this Courts alleged lack of subject matter jurisdiction. IT IS FURTHER ORDERED that if Defendants fail to comply with this Order, the motion

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may be denied without prejudice without further notice, by Magistrate Judge Michael E. Hegarty on 1/23/2013. (ervsl, ) (Entered: 01/23/2013) 01/25/2013 02/05/2013 02/25/2013 02/25/2013 26 NOTICE of Service of Initial FRCP 26(a)(1) Disclosures by Defendants Larry (I) Castle, Castle Stawiarski (Groen, Christopher) (Entered: 01/25/2013) 27 RESPONSE TO ORDER TO SHOW CAUSE re 25 by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski. (Vaglica, Phillip) (Entered: 02/05/2013) 28 REPLY to 27 Defendants Castle Stawiarski, LLC and Larry Castle's Response to Order to Show Cause by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 02/25/2013) 29 STRICKEN MOTION for Temporary Restraining Order,and MOTION for Preliminary Injunction by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Modified on 2/26/2013 Stricken pursuant to the 34 Order)(ervsl, ). (Entered: 02/25/2013) 30 MOTION for Leave to Amend 1 Complaint, by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Proposed Order (PDF Only), # 2 Proposed Document Amended Verified Complaint)(ervsl, ) (Entered: 02/25/2013) 31 CERTIFICATE of Service by Mailing re 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 30 MOTION to Amend 1 Complaint, 28 Reply by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 02/25/2013) 32 CERTIFICATE of Personal Service re 29 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, 30 MOTION to Amend 1 Complaint, 28 Reply by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(ervsl, ) (Entered: 02/25/2013) 33 MEMORANDUM regarding 30 MOTION to Amend/Correct/Modify 1 Complaint, filed by Lisa Kay Brumfeil. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 02/25/2013. Text Only Entry (wjmsec, ) (Entered: 02/25/2013) 34 ORDER striking 29 Plaintiff's Petition for Emergency TRO/Preliminary Inunction. On October 15, 2012, the Court denied Plaintiff's prior request for a temporary restraining order 5 and stated: "Plaintiff is prohibited from filing any further emergency motions in this action seeking to enjoin the related foreclosure proceedings in state court." In the instant Motion, Plaintiff asks the Court to enjoin the state court proceedings. Because this request is in direct contravention of the Court's prior Order, Plaintiff's Petition for Emergency TRO/Preliminary Injunction is hereby STRICKEN. SO ORDERED by Judge William J. Martinez on 2/26/2013. Text Only Entry(wjmlc1, ) (Entered: 02/26/2013) 35 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE that 9 the Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) filed by Larry Castle and Castle Stawiarski be granted in part and denied in part, by Magistrate Judge Michael E. Hegarty on 2/27/2013. (mehcd) (Entered: 02/27/2013) 37 NOTICE of Lis Pendens by Plaintiff Lisa Kay Brumfeil (ervsl, ) (Entered: 03/13/2013) 38 CERTIFICATE of Mailing/Service re 36 MOTION for Reconsideration re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 37 Notice of Lis Pendens by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 03/13/2013)

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03/12/2013

39 CERTIFICATE of Mailing/Service re 36 MOTION for Reconsideration re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, 37 Notice of Lis Pendens by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 03/13/2013) 36 MOTION for Reconsideration (To Alter or Amend The Court's Partial Dismissal of Plaintiff' Complaint and Denial of a Denial of a TRO/Preliminary Inj) re 34 Order on Motion for TRO, Order on Motion for Preliminary Injunction, by Plaintiff Lisa Kay Brumfeil. (ervsl, ) (Entered: 03/13/2013) 40 OBJECTION to 35 Report and Recommendations filed by Plaintiff Lisa Kay Brumfeil. (Attachments: # 1 Affidavit, # 2 Certificate of service as to Christopher Groen, # 3 Certificate of service as to US Bank)(ervsl, ) (Entered: 03/14/2013) 41 NOTICE of Entry of Appearance by John Kevin Bridston on behalf of U.S. Bank (Bridston, John) (Entered: 03/22/2013) 42 NOTICE of Entry of Appearance by Sean Michael Hanlon on behalf of U.S. Bank (Hanlon, Sean) (Entered: 03/22/2013) 43 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendant U.S. Bank. (Attachments: # 1 Proposed Order (PDF Only))(Hanlon, Sean) (Entered: 03/22/2013) 44 MINUTE ORDER granting 30 Plaintiffs unopposed1 Motion for Leave to File an Amended Verified Complaint, by Magistrate Judge Michael E. Hegarty on 3/22/2013. (ervsl, ) (Entered: 03/25/2013) 45 AMENDED VERIFIED COMPLAINT against Larry Castle, Larry (I) Castle, Castle Stawiarski, U.S. Bank, Hopp, Robert L. (I) Hopp, Cynthia Mares, MERS, filed by Lisa Kay Brumfiel.(ervsl, ) (Entered: 03/25/2013) 46 MEMORANDUM regarding 43 MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, filed by U.S. Bank. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 03/25/2013. Text Only Entry (wjmsec, ) (Entered: 03/25/2013) 47 MINUTE ORDER granting 43 Defendant U.S. Bank, N.A.'s Motion for Extension of Time to File Responsive Pleading. U.S. Bank, N.A.'s answer due 4/12/2013. By Magistrate Judge Michael E. Hegarty on 3/26/2013. (mehcd) (Entered: 03/26/2013) 48 CORPORATE DISCLOSURE STATEMENT. (Hanlon, Sean) (Entered: 04/02/2013) 49 MOTION for Leave to File Excess Pages in Excess of the Standard Page Limits Pursuant to WJM Civ. Practice Standrds 111.C.1 by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Proposed Order (PDF Only))(Vaglica, Phillip) (Entered: 04/03/2013) 50 ORDER granting in part Defendants Larry Castle and Castle Stawiarski's ("Castle Defendants") Motion for Leave to File Motion in Excess of the Standard Page Limits 49 . The Castle Defendants' motion is GRANTED in PART. The Castle Defendants are granted leave to file a Motion to Dismiss not to exceed 20 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 04/04/2013. Text Only Entry(wjmsec, ) (Entered: 04/04/2013)

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04/05/2013

51 MOTION to Dismiss for Failure to State a Claim by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Exhibit H Part 1, # 2 Exhibit H Part 2, # 3 Exhibit H Part 3, # 4 Exhibit I Part 1, # 5 Exhibit I Part 2, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit L, # 9 Exhibit M, # 10 Exhibit N, # 11 Exhibit O, # 12 Proposed Order (PDF Only))(Vaglica, Phillip) (Entered: 04/05/2013) 52 NOTICE of Entry of Appearance by Sean Michael Hanlon on behalf of MERS, U.S. Bank (Hanlon, Sean) (Entered: 04/08/2013) 53 NOTICE of Entry of Appearance by John Kevin Bridston on behalf of MERS, U.S. Bank (Bridston, John) (Entered: 04/08/2013) 54 MOTION to Amend 45 Amended Complaint Caption for Defendant Robert L. Hopp to Robert J. Hopp by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1 Proposed Document Corrected Amended Complaint)(ervsl, ) (Entered: 04/09/2013) 55 Summons Returned Unexecuted by Lisa Kay Brumfiel as to Robert L. Hopp. (ervsl, ) (Entered: 04/09/2013) 56 SUMMONS Returned Executed by Lisa Kay Brumfiel. Cynthia Mares served on 4/8/2013, answer due 4/29/2013. (ervsl, ) (Entered: 04/09/2013) 57 SUMMONS Returned Executed by Lisa Kay Brumfiel. MERS served on 4/8/2013, answer due 4/29/2013. (ervsl, ) (Entered: 04/09/2013) 58 MEMORANDUM regarding 54 MOTION to Amend/Correct/Modify 45 Amended Complaint filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/09/2013. Text Only Entry (wjmsec, ) (Entered: 04/09/2013) 59 MINUTE ORDER denying without prejudice 54 Plaintiffs Motion to Amend Caption for failure to comply with D.C. Colo. LCivR 7.1A, by Magistrate Judge Michael E. Hegarty on 4/0/2716.(ervsl, ) (Entered: 04/10/2013) 60 MOTION for Extension of Time to File Response as to 51 Defendants MOTION to Dismiss for Failure to State a Claim by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/12/2013) 61 MOTION for Leave to File Excess Pages in Opposition to the CS Defendants 51 Motion to Dismiss, by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/12/2013) 62 MOTION to Correct the Caption and Amend 45 the Amended Complaint to Reflect the Proper Named Defendant, by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1 Proposed Document Corrected Amended Complaint, # 2 Exhibit A, # 3 Exhibit B)(ervsl, ) (Entered: 04/12/2013) 63 MEMORANDUM regarding 60 MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss for Failure to State a Claim filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013) 64 MEMORANDUM regarding 62 MOTION to Amend/Correct/Modify 45 Amended Complaint filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013)

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65 NOTICE of Plaintiff's filing CS Defendants Responses to Plaintiff's 1st of Interrogatories by Plaintiff Lisa Kay Brumfiel (ervsl, ) (Entered: 04/12/2013) 66 MOTION for Order to Re Serve Defendants MERS, Robert J. Hopp, Attorney, and Cynthia Mares, Public Trustee the Amended Complaint by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/12/2013) 67 MEMORANDUM regarding 66 MOTION for Order to filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013) 68 MEMORANDUM regarding 61 MOTION for Leave to File Excess Pages filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013) 69 MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(B)(6) by Defendant U.S. Bank. (Attachments: # 1 Proposed Order (PDF Only) Order)(Hanlon, Sean) (Entered: 04/12/2013) 70 MEMORANDUM regarding 69 MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(B)(6) filed by U.S. Bank. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/12/2013. Text Only Entry (wjmsec, ) (Entered: 04/12/2013) 73 SUMMONS Returned Executed by Lisa Kay Brumfiel. Cynthia Mares served on 4/12/2013, answer due 5/3/2013. (ervsl, ) (Entered: 04/15/2013) 74 SUMMONS Returned Executed by Lisa Kay Brumfiel. MERS served on 4/12/2013, answer due 5/3/2013. (ervsl, ) (Entered: 04/15/2013) 75 SUMMONS Returned Executed by Lisa Kay Brumfiel. Robert J. Hopp served on 4/12/2013, answer due 5/3/2013. (ervsl, ) (Entered: 04/15/2013) 71 MINUTE ORDER Before the Court is Defendant U.S. Bank N.A.s Motion to Dismiss Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) docket # 69 . Pursuant to Fed. R. Civ. P. 6(d) and D.C. Colo. LCivR 7.1C, the Plaintiff shall file a response to the motion on or before May 6, 2013. Defendant may file a reply in support of the motion within fourteen (14) days after the response is served, by Magistrate Judge Michael E. Hegarty on 4/15/2013. (ervsl, ) (Entered: 04/15/2013) 72 MINUTE ORDER Plaintiffs unopposed Motion for Extension of Time to File Brief in Opposition to CS Defendants Motion to Dismiss filed April 12, 2013; docket # 60 is denied as moot; Plaintiffs unopposed Motion for Extension of Time to File Brief in Opposition to CS Defendants Motion to Dismiss filed April 12, 2013; docket # 60 is denied as moot; Plaintiffs renewed and unopposed Motion to Correct the Caption and the Amended Complaint to Reflect the Proper Name of Defendant filed April 12, 2013; docket # 62 is granted in that the Clerk of the Court is directed to amend the caption in this case to Robert J. Hopp ; Plaintiffs unopposed Request to Re-Serve Defendants MERS, Robert Hopp and Cynthia Mares filed April 12, 2013; docket # 66 is construed by the Court as a motion for extension of time within which to serve these Defendants and is granted, by Magistrate Judge Michael E. Hegarty on 4/15/2013. (ervsl, ) (Entered: 04/15/2013) 76 MOTION for Leave to File Excess of 15 to 21 Pages of Brief in Opposition to the Defendants' 69 Motion to Dismiss, by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered:

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CM/ECF - U.S. District Court:cod

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?345368051662341-L_1_0-1

04/25/2013) 04/25/2013 77 MEMORANDUM regarding 76 MOTION for Leave to File Excess Pages filed by Lisa Kay Brumfiel. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 04/25/2013. Text Only Entry (wjmsec, ) (Entered: 04/25/2013) 78 CERTIFICATE of Mailing/Service re 76 MOTION for Leave to File Excess Pages by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/25/2013) 79 MINUTE ORDER granting 76 Plaintiffs Motion for Leave to File Brief in Opposition to the CS Defendants Motion to Dismiss in Excess of 15 Pages to 21 Pages, by Magistrate Judge Michael E. Hegarty on 4/26/2013.(ervsl, ) (Entered: 04/26/2013) 80 NOTICE of Plaintiff's Filing CS Defendats Responses to Plaintiff's 1st of Interrogatories and the First Franklin Mortgage Loan Trust. Series 2007-FF1 Pooling and Service Agreement ("PSA") by Plaintiff Lisa Kay Brumfiel (ervsl, ) (Entered: 04/29/2013) 81 STATEMENT re 80 Notice od Response of Castle Stawiarski, LLC to Plaintiff's First ste of Interrogatories and Requests for Production of Documenst by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 04/29/2013) 82 MOTION for Emergency Preliminary Injunction, MOTION for Temporary Restraining Order by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1 Proposed Document Order) (ervsl, ) (Entered: 04/29/2013) 83 RESPONSE in Opposition to 51 MOTION to Dismiss for Failure to State a Claim 69 MOTION to Dismiss Complaint Pursuant to Fed.R.Civ.P. 12(B)(6\ filed by Plaintiff Lisa Kay Brumfiel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Certificate of Service)(ervsl, ) (Entered: 04/29/2013) 85 Conventionally Submitted Material : Securities and Exchange Commission Current Report under the name of First Franklin Mortgage Loan Trust, Series 2007-FF1, File No 333-130545-42 to Notice 80] by Plaintiff Lisa Kay Brumfiel (Placed in Oversized Documents) Text Only Entry (ervsl, ) (Entered: 04/30/2013) 84 ORDER. This matter is before the Court on Plaintiff's Petition for Emergency TRO/Preliminary Injunction.(ECF. No. 82.) The Defendant U.S. Bank and Defendant Castle Stawiarski shall separately file briefing in response to Plaintiff's ECF No. 82. Such briefing shall address (a) the merits of the TRO, and (b) the merits of Magistrate Judge Michael E. Hegartys Recommendation (ECF No. 35). Defendants shall separately file such briefing NO LATER THAN TOMORROW, MAY 1, 2013 AT 2:00 P.M. These briefs will be limited to no more than 15 pages each, exclusive of the caption page, attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 04/30/2013. Text Only Entry (wjmlc2 ) (Entered: 04/30/2013) 86 BRIEF in Opposition to 3 MOTION for Temporary Restraining Order filed by Defendants MERS, U.S. Bank. (Hanlon, Sean) (Entered: 05/01/2013) 87 RESPONSE to 82 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Defendants Larry (I) Castle, Castle Stawiarski. (Vaglica, Phillip) (Entered: 05/01/2013)

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CM/ECF - U.S. District Court:cod

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?345368051662341-L_1_0-1

05/02/2013

88 ORDER Setting Hearing on Petition for Temporary Restraining Order 82 : A Motion hearing is hereby SET for May 6, 2013 at 1:00 p.m. in Courtroom A801 before Judge William J. Martinez. SO ORDERED by Judge William J. Martinez on 05/02/2013. Text Only Entry (wjmsec, ) (Main Document 88 replaced on 5/3/2013) (ervsl, ). (Entered: 05/02/2013) 89 CERTIFICATE of Service by Mail and E-Mail by Clerk of Court re 88 Order Setting Hearing on Motion, to Lisa Kay Brumfiel, 1499 S. Jasper Way, Aurora, CO 80013, and Indoorad@yahoo.com. Text Only Entry (ervsl, ) (Entered: 05/03/2013) 90 MOTION to Dismiss Plaintiff's Corrected Amended Verified Complaint by Defendant Cynthia Mares. (Attachments: # 1 Proposed Order (PDF Only), # 2 Exhibit A, # 3 Exhibit B)(Stretesky, Christine) (Entered: 05/03/2013) 91 MOTION to Dismiss by Defendants Robert J. Hopp, Robert (I) J. Hopp. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Proposed Order (PDF Only) Proposed Order Granting Motion to Dismiss) (Ricketson, Ashley) (Entered: 05/03/2013) 92 CORPORATE DISCLOSURE STATEMENT. (Hanlon, Sean) (Entered: 05/03/2013) 93 MINUTE ENTRY for Hearing on Motion for Temporary Restraining Order held before Judge William J. Martinez on May 6, 2013. ORDERED: The parties have a week from today to file any Suggestion of Recusal. ORDERED: Mr. Vaglica shall file on CM/ECF, by Wednesday, May 8, 2013, a copy of the original Note and Deed of Trust. ORDERED: Taking this matter as a motion for an interim preliminary injunction, 82 ,the Motion is GRANTED. The public trustee is enjoined from taking any steps to effect a foreclosure sale going forward this Wednesday. No such sale will be held between now and 14 days from today, May 20th, 2013. A written order will issue setting forth the Court's findings and conclusions. ORDERED: A full hearing on the motion for a preliminary injunction is set Wednesday, May 15th, 2013 at 9:00 a.m. in Courtroom A801 before Judge William J. Martinez. All personal defendants shall be present at this hearing with counsel, to include Ms. Mares, Mr. Castle and Mr. Hopp. Agents who would qualify as Rule 30(b)(6) agents for U.S. Bank and the Defendant Trust shall also be present. ORDERED: Plaintiff shall appear in this Court's chambers tomorrow at 9:00 a.m. to sign an unsecured bond in the amount of $1,250.00. Hearing concluded. Court Reporter: Gwen Daniel. (wjmcd, ) (Entered: 05/06/2013) 94 ORDER Granting Plaintiff's Petition for a motion for an Interim Preliminary Injunction (ECF No. 82 ) is GRANTED. The Court therefore ORDERS as follows: Defendant Public Trustee of Arapahoe County, Colorado is hereby ENJOINED and RESTRAINED from undertaking any steps which would lead to a foreclosure sale of Plaintiff's Property as defined herein for 14 days from the date of this Order, in order to preserve the status quo ante. This Interim Preliminary Injunction will dissolve on May 20, 2013 unless otherwise Ordered by the Court after an evidentiary hearing. An evidentiary hearing on Plaintiff's Motion for a Full Preliminary Injunction is set for May 15, 2013 at 9:00 a.m. in Courtroom A 801. All individual Defendants in this action are to be present at the hearing on May 15, 2013 with counsel, to include Ms. Mares, Mr. Castle and Mr. Hopp. Mr. Groen has voluntarily agreed to be present at this hearing. Defendants U.S. Bank and Trust are DIRECTED to cause to be present at this hearing an agent for each such entity authorized to speak for same under Rule 30(b)(6) of the Federal Rules of Civil Procedure. Motion Hearing set for 5/15/2013 09:00 AM in Courtroom A 801 before Judge William J. Martinez. by Judge William J. Martinez

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CM/ECF - U.S. District Court:cod

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?345368051662341-L_1_0-1

on 05/06/2013.(wjmint1, ) (Entered: 05/06/2013) 05/06/2013 95 CERTIFICATE of Service by MAIL and E-MAIL by Clerk of Court re 93 Order on Motion for Preliminary Injunction, Motion Hearing, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings, to Lisa Kay Brumfiel, 1499 S. Jasper Way, Aurora, CO 80013 and E-mail indoorad@yahoo.com. Text Only Entry (ervsl, ) (Entered: 05/07/2013) 96 RESPONSE to 94 Order on Motion for TRO, by Plaintiff Lisa Kay Brumfiel. (ervsl, ) (Entered: 05/07/2013) 97 NOTICE of Withdrawal of Counsel and Entry of Appearances by Defendants Robert J. Hopp, Robert (I) J. Hopp (Ricketson, Ashley) (Modified on 5/7/2013 to be refiled as a Motion to Withdraw as an attorney and a separate Notice of entry of Appearance) (ervsl, ). (Entered: 05/07/2013) 98 CERTIFICATE of Mailing/Service by MAIL and E-MAIL by Clerk of Court re 94 Order on Motion for Preliminary Injunction, Motion Hearing, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings, to Lisa Kay Brumfiel, 1499 S. Jasper Way, Aurora, CO 80013 and E-mail indoorad@yahoo.com. Text Only Entry (ervsl, ) (Entered: 05/07/2013) 99 BOND-Interim Preliminary Injunction Unsecured for one thousand two hundred and fifty dollars ($1,250), as to Plaintiff Lisa Brumfiel, by Judge William J. Martinez (ervsl, ) (Entered: 05/07/2013) 100 NOTICE of Entry of Appearance of Neal Joseph Valorz and Robert J. Hopp by Neal Joseph Valorz on behalf of Robert J. Hopp, Robert (I) J. Hopp (Valorz, Neal) (Entered: 05/08/2013) 101 MOTION to Withdraw as Attorney for Robert J. Hopp by Defendants Robert J. Hopp, Robert (I) J. Hopp. (Attachments: # 1 Proposed Order (PDF Only))(Ricketson, Ashley) (Entered: 05/08/2013) 102 MEMORANDUM regarding 101 MOTION to Withdraw as Attorney for Robert J. Hopp filed by Robert J. Hopp, Robert (I) J. Hopp. Motion referred to Magistrate Judge Michael E. Hegarty by Judge William J. Martinez on 05/08/2013. Text Only Entry (wjmsec, ) (Entered: 05/08/2013) 103 MOTION for Extension of Time to File Response/Reply as to 51 MOTION to Dismiss for Failure to State a Claim by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Proposed Order (PDF Only))(Vaglica, Phillip) (Entered: 05/08/2013) 104 NOTICE re 93 Order on Motion for Preliminary Injunction, Motion Hearing, Set/Reset Deadlines/Hearings, Terminate Deadlines and Hearings, by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski (Attachments: # 1 Copy of Original Note, # 2 Copy of Original Deed of Trust)(Vaglica, Phillip) (Entered: 05/08/2013) 105 CERTIFICATION OF MATTER TO THE ATTORNEY GENERAL OF THE STATE OF COLORADO re 45 Amended Complaint, wherein the constitutionality of a Colorado statute is in question, and gives leave to the State of Colorado to intervene in the case for argument on the constitutional question. The Court recognizes that 28 U.S.C. 2403 requires this certification only where no agency, officer, or employee of the state is a party to the case, and in the instant case Cynthia Mares, the Arapahoe

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CM/ECF - U.S. District Court:cod

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?345368051662341-L_1_0-1

County Public Trustee, is a defendant named in her official capacity. However, given the recent addition of the Public Trustee as a defendant in Plaintiffs Amended Complaint, filed on March 22, 2013, and the constitutional questions at issue here, the Court nevertheless hereby provides to the State of Colorado notice and leave to intervene. By Judge William J. Martinez (ervsl, ) (Entered: 05/08/2013) 05/08/2013 106 CERTIFICATE of Service by MAIL by Clerk of Court re 105 Certification of Matter Regarding constitutionality, of Colorado Revised Statute 38-38-101 as it applies to proceedings under Colorado Rule of Civil Procedure 120; mailed to Lisa Kay Brumfiel, 1499 S. Jasper Way, Aurora, CO 80013; U.S. Attorney, 1225 17th Street Suite 700, Denver, CO 80202; and Colorado Attorney General, 1525 Sherman Street, Denver, CO 80203 Text Only Entry (ervsl, ) (Entered: 05/08/2013) 107 CERTIFICATE of Service by MAIL by Clerk of Court re 105 Certificate of Unconstitutionality, Attorney General for the State of Colorado, Ralph L. Carr Judicial Center, 1300 Broadway, 10th Floor, Denver, CO 80203 Text Only Entry (ervsl, ) (Entered: 05/08/2013) 108 MINUTE ORDER granting 101 Motion to Withdraw as Counsel. Attorney Ashley Nicole Ricketson is terminated. By Magistrate Judge Michael E. Hegarty on 5/9/2013. (mehcd) (Entered: 05/09/2013) 109 ORDER granting 103 Defendants Larry Castle and Castle Stawiarski, LLC's ("Castle Defendants") Motion for Enlargement of Time to File a Reply in Support of Their Motion to Dismiss 51 . The Castle Defendants' Motion is GRANTED for good cause shown. The Castle Defendants' deadline to file their Reply in support of their Motion to Dismiss is extended up to and including May 23, 2013. SO ORDERED by Judge William J. Martinez on 05/09/2013. Text Only Entry(wjmsec, ) (Entered: 05/09/2013) 110 ORDER. This matter is before the Court on Plaintiffs Motion for Preliminary Injunction. (ECF No. 82.) At the hearing on Monday, May 6, 2013, counsel for the Castle Defendants represented to the Court, for the first time, that he had documentation of the (1) original Deed of Trust, (2) original Promissory Note, and (3) original Endorsements. Defendant's Notice (ECF No. 105) appends documents (1) and (2). Defendants are now DIRECTED to file ALL original evidence of ALL endorsements relevant to the valid negotiation or transfer of the Promissory Note and Deed of Trust, and which establish the right of the Defendants in this case to enforce these instruments for purposes of foreclosure of Plaintiff's home. Defendants are DIRECTED to file this documentation on CMECF by 4:00 p.m., Friday, May 10, 2013. by Judge William J. Martinez on 05/09/2013. Text Only Entry (wjmlc2, ) (Entered: 05/09/2013) 111 RESPONSE to 110 Order,,, by Defendants Larry Castle, Larry (I) Castle, Castle Stawiarski. (Attachments: # 1 Attachment)(Vaglica, Phillip) (Entered: 05/10/2013) 112 NOTICE re 110 Order,,, Notice of Response to Order Dated May 9, 2013 [Doc. 110] by Defendants MERS, U.S. Bank (Attachments: # 1 Exhibit A)(Hanlon, Sean) (Entered: 05/10/2013) 113 NOTICE re 110 Order,,, Amended Notice of Response to Order Dated May 9, 2013 [Doc. 110] by Defendants MERS, U.S. Bank (Attachments: # 1 Exhibit A)(Hanlon, Sean) (Entered: 05/10/2013)

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CM/ECF - U.S. District Court:cod

https://ecf.cod.uscourts.gov/cgi-bin/DktRpt.pl?345368051662341-L_1_0-1

05/10/2013

114 NOTICE Of The Trust's Public Trustee Foreclosure Withdrawal by Defendants MERS, U.S. Bank (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hanlon, Sean) (Entered: 05/10/2013)

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