Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bardes v. Silver State Financial Services

United States District Court, D. Nevada

March 1, 2017

PRISCILLA S. BARDES, an individual Plaintiff
v.
SILVER STATE FINANCIAL SERVICES; U.S. BANK N.A. AS TRUSTEE FOR SECURITIZED TRUST ADJ. RATE MORT. TRUST 2004-1; DLJ MORTGAGE CAPITAL, INC.; CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP.; WELLS FARGO BANK, NA; QUALITY LOAN SERVICE CORP.; MORTGAGE ELEC. REG. SYSTEM, AKA “MERS” AND DOES 1 THROUGH 140, INCLUSIVE; McCARTHY & HOLTHUS, LLP; EQUITY TITLE LLC Defendants

          PLAINTIFF'S MOTION TO AMEND PROOF OF SERVICE FOR DEFUNCT DEFENDANT, SILVER STATE FINANCIAL SERVICES, INC. [ECF NO. 38; ECF NO. 45]

          RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

         Now comes Plaintiff, Priscilla S. Bardes, an individual (“Plaintiff”) who moves this Court to amend the proof of service of record [ ECF No. 38, Summons Issued; ECF No. 45, Summons Returned Executed] on the docket due to the 4(m) Proof of Service Deadline, filed 17 May 2016, which shows as terminated 29 July 2016. [Pacer Deadlines/Hearings Report]. Some confusion was discussed in the December 2016 Motions Hearing. Pursuant to Defendants, Local Rules, and Federal Rules of Civil Procedure, including Fed.R.Civ.P. 4(1) and 4(m), Plaintiff requests that these errors on the docket are timely amended by the Clerk of Courts or the judiciary, since she is unable to easily accomplish this correction [ECF No. 132, ECF No. 134] - which could further dangerously impact her origination merits arguments. Plaintiff seeks the protection of this court.

         MEMORANDUM OF POINTS & AUTHORITIES

         Please amend the docket to clarify that Plaintiff completed service, but on the wrong bank. U.S. Bank Nat'l Ass'n v. Premier One Holdings, Inc. (D. Nev., Feb. 18, 2016) No. 2:15-cv-01121-JCM-NJK at 2 ("Plaintiff incorrectly served a non-party “). See two docket entries (pasted below) in the instant case:

07/22/2016

         SUMMONS RETURNED EXECUTED as to Silver State Financial Services re 1 Petition. Answer due 8/8/16. (ADR) (Entered: 07/22/2016)

7/11/2016

         Summons Issued as to Silver State Financial Services re 1 -1 Complaint contained in 1 Petition for Removal. (SLD) (Entered: 07/11/2016)

         ECF No. 38, 11 July 2016: This Summons with Complaint was erroneously issued to a financial entity (which absorbed an entity with a similar name to Silver State Financial Services, Inc.), Nevada State Bank, a division of ZB, N.A., rather than to the elusive Defendant, Silver State Financial Services, Inc.; as Plaintiff has learned, it was indeed the wrong company served, as discussed in the December 2016 Motions Hearing [ECF 110-1 at 27.18-24, p177; at 31.8-20 p181]. As such, this Summons and its Summons Returned [ECF No. 45] should be amended. Amendment will exemplify that no service to the named defunct Defendant, Silver State Financial Services, Inc. occurred. A reply letter dated 19 July 2016 from Kevin Mwangi, Operations Legal Support Specialist Lead, Nevada State Bank is attached here as ExhQQ, p.381 (one page) which confirms this.

         1. As often repeated within the record and as further proven via an official State of Nevada letter [ECF No. 125-1, ExhLL at 2, p212] the elusive defendant, Silver State Financial Services, went wholly defunct and ceased doing business about 2007, and further left no successor organization(s) whatsoever; see that ExhLL, 21 Dec. 2015 Letter (p212) from State of NV, Dept of Business and Industry, Div. of Mortgage Lending, Las Vegas, NV signed by Tony Frascarelli, Chief Investigator, Compliance/Audit (re Silver State).

         2. Whether this also implies that defunct and never served, Silver State as an elusive named Defendant in this action must also be further withdrawn or stricken is unclear at this time; it is critical that this court recognize that Plaintiff's claims against Silver State and the other defendants are tightly entwined together.

         Removing one cog in the wheel-at origination- could dismantle crucial arguments necessary for Plaintiff to survive the motion for summary judgment. All Defendants have participated in using Richey Guidi's Baltinglass home as their business venture to make money, e.g. down through the securitization food chain, across the civil conspiracy enterprise. This court must take judicial notice of the foreclosure epidemic nationwide generated via the debt buyers and sellers enterprises and the Credit Suisse settlement with the Department of Justice [ECF No. 133 at 13.4-15.5]. Eliminating justice due to shutting down of one entity would eliminate the Congressional purpose and intent behind TILA/FDCPA, 15 U.S.C. 1692-1692p.

         3. Plaintiff does not intend for this amendment of service to represent a Voluntary Dismissal of named defendant, Silver State Financial Services, Inc. due to the need to address Hernandez's “entire lifecycle of debt” including its beneficiaries, nominees, assigns, servicers, debt collectors, title company, et al. as explained in detail via ECF No. 82-ECF No. 88.

         4. Plaintiff objects to any Involuntary Dismissal of Silver State Financial Services, Inc. The Nevada Secretary of State's office (775/684-5708) kindly informed via telephone, 1 Feb. 2017 that Silver State dissolved as of 30 June 2008. No merger nor ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.