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Case 6:11-ap-01001-SC Doc 31 Filed 04/25/11 Entered 04/25/11 17:26:56 Desc

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GLOBAL CAPITAL LAW, PC


1 Gary Harre, Esq. (Bar No. 86938)
2 Diane Beall, Esq. (Bar No. 86877)
8700 Warner Ave., Suite 200
3 Fountain Valley, CA 92708
Phone: (714) 907-4182
4
Fax: (714) 907-4175
5 Email: ghcmecf@gmail.com

6 Attorneys for Plaintiff, Brian W Davies


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8 UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
9 RIVERSIDE DIVISION
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In re: ) Chapter 7
11 )
12 BRIAN W DAVIES, ) BK No. 6:10-bk-37900-SC
)
13 Debtor. ) AP No. 6:11-ap-01001-SC
_______________________________ )
14
BRIAN W DAVIES, )
15 ) PLAINTIFF’S REQUEST TO STRIKE
Plaintiff, ) DBNTC PLEADINGS FOR FAILURE TO
16 ) COMPLY WITH F. R. CIVIL P. 7.1 AND
vs. ) LOCAL RULE 7.1-1
17
)
18 DEUTSCHE BANK NATIONAL TRUST ) [ Filed concurrently with Plaintiff’s reply to
COMPANY AS TRUSTEE OF THE ) DBNTC opposition to Judgment on the
19 RESIDENTIAL ASSET SECUITIZATION ) Pleading, and Plaintiff’s second objection to
20 TRUST 2007-A5, MORTGAGE PASS ) Defendant DBNTC’s RJN #6 and #7]
THROUGH SERIES 2007-E, UNDER )
21 THE POOLING AND SERVICING ) Date: May 3, 2011
AGREEMENT DATED MARCH 1, 2007; ) Time: 1:30 pm
22 et.al. ) Dept: ROOM 5C (Santa Ana)
23 ) Judge: Hon. Scott C. Clarkson
Defendants. )
24 )
)
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///
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Plaintiff Brian W. Davies, by and through his attorneys of record, respectfully
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replies to Deutsche Bank National Trust Company’s (hereinafter “DBNTC”) Opposition to
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___________________________________________________________________________________
PLAINTIFF’S REQUEST TO STRIKE DBNTC PLEADINGS FOR FAILURE TO COMPLY WITH
FEDERAL RULES OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 7.1-1
Case 6:11-ap-01001-SC Doc 31 Filed 04/25/11 Entered 04/25/11 17:26:56 Desc
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1 his Motion for Judgment on the Pleadings with Plaintiff’s objections to their Requests for
2 Judicial Notices #6 and #7, and now Plaintiff’s requests this Court to strike DBNTC
3 pleadings for failure to comply with the disclosures to be filed with their first appearance
4 and required by Federal Rules of Civil Procedure 7.1 and local rule 7.1.
5 See: Feezor v. Big 5 Corp., 2010 U.S. Dist. LEXIS 9402 (E.D. Cal. Jan. 15, 2010)
6 The court also clarified that, "the requirement that corporate disclosures be
7 included in the parties' Joint Status Report does not negate a nongovernmental corporate
8 party's obligation to file a disclosure statement 'with its first appearance, pleading, petition,
9 motion, response, or other request addressed to the court' pursuant to Federal Rule of
10 Civil Procedure 7.1." (Id.)
11 The deviant pattern of activities whereby: 1) DBNTC fails to comply with Federal
12 Subpoena to show it is the Beneficiary; 2) Looses two Motions for Relief from Automatic
13 Stay and then points the finger at their agent Onewest Bank FSB; and 3) DBNTC fails to
14 disclose its identity under the Federal Rules of Civil Procedure 7.1.
15 In fact, Federal Rule of Civil Procedure (Rule 7.1) is quite clear:
16
17 “A nongovernmental corporate party must file 2 copies of a disclosure statement that:

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(1) identifies any parent corporation and any publicly held corporation owning 10% or
19 more of its stock; or (2) states that there is no such corporation.
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21 (b) Time to Filing; Supplemental Filing. A party must:(1) file the disclosure
statement with its first appearance, pleading, petition, motion, response, or other
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request addressed to the court; and (2) promptly file a supplemental statement if any
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required information changes.
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25 The Central District Local Rule 7.1-1 further supplements the federal rule and
26 requires the additional disclosure: “including any insurance carrier which may be liable

27 in whole or in part (directly or indirectly) for a judgment that may be entered in the action

28 or for cost of defense.”


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___________________________________________________________________________________
PLAINTIFF’S REQUEST TO STRIKE DBNTC PLEADINGS FOR FAILURE TO COMPLY WITH
FEDERAL RULES OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 7.1-1
Case 6:11-ap-01001-SC Doc 31 Filed 04/25/11 Entered 04/25/11 17:26:56 Desc
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Counsel for Defendant DBNTC has failed to provide two copies of this disclosure
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in their first appearance, and this prevents this Court from making an informed decision
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as to the beneficial owners and their role. Since it is too late to go back and file such a
3
disclosure, Defendants' motion for judgment on the pleading must be overruled, and
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rejected, and Plaintiff is entitled to judgment on the Pleadings, or in the alternative strike
5 the pleading of DBNTC.
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7 Plaintiff therefore requests the Court to strike Defendant’s Motion and for
Judgment on the pleadings set forth by Plaintiff’s Complaint and motions for failure of
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the Defendant to comply with the mandatory disclosure requirements of the Federal
9
Rules of Civil Procedure.
10
11 WHEREFORE, the debtors respectfully pray of the Court as follows:
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A. That this court strike Defendant’s Motion to Dismiss for failure to comply with
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the mandatory F.R.Civ.P. 7.1 and Local Court Rule 7.1-1;
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15 B. For Judgment on the Pleadings for allegations contained in Plaintiff’s
16 complaint; and (in the alternative) to strike all pleadings from DBNTC;

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C. That Plaintiff’s have such other and further relief as the Court may deem just
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and proper.
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24 Dated: April 25, 2011 ____________________________________
BY: GARY HARE
25 Attorney for BRIAN W DAVIES, Plaintiff
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___________________________________________________________________________________
PLAINTIFF’S REQUEST TO STRIKE DBNTC PLEADINGS FOR FAILURE TO COMPLY WITH
FEDERAL RULES OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 7.1-1
Case 6:11-ap-01001-SC Doc 31 Filed 04/25/11 Entered 04/25/11 17:26:56 Desc
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PROOF OF SERVICE OF DOCUMENT


1
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding.
2
My business address is: 8700 Warner Avenue Fountain Valley, Ca 92708
3 A true and correct copy of the foregoing document described as PLAINTIFF’S
4 REQUEST TO STRIKE DBNTC PLEADINGS FOR FAILURE TO COMPLY WITH F. R. CIVIL P.

5 7.1 AND LOCAL RULE 7.1-1 will be served or was served (a) on the judge in chambers in the
form and manner required by LBR 5005-2(d); and (b) in the manner indicated below:
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I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) –
7
Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“LBR”), the foregoing
8 document will be served by the court via NEF and hyperlink to the document. On April 25,
9 2011, I checked the CM/ECF docket for this bankruptcy case or adversary proceeding and
10 determined that the following person(s) are on the Electronic Mail Notice List to receive NEF
transmission at the email address(es) indicated below: Gary L Harre ghcmecf@gmail.com
11
Andrew E Miller amiller@allenmatkins.com
12
Loraine L Pedowitz lpedowitz@allenmatkins.com
13 United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov
14 Patricia J Zimmermann (TR) pjztrustee@aol.com, pzimmermann@ecf.epiqsystems.com
15 II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity
served): On April 25, 2011, I served the following person(s) and/or entity(ies) at the last known
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address(es) in this bankruptcy case or adversary proceeding by placing a true and correct copy
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thereof in a sealed envelope in the United States Mail, first class, postage prepaid, and/or with
18 an overnight mail service addressed as follows. Listing the judge here constitutes a declaration
19 that mailing to the judge will be completed no later than 24 hours after the document is filed.
20 Honorable Scott C. Clarkson
411 West Fourth Street, Suite 5130
21
Santa Ana, CA 92701-4593
22
I declare under penalty of perjury under the laws of the United States of America that the
23 foregoing is true and correct.
24
25
April 25, 2011 Delores Jackson /s/Delores Jackson
26
Date Type Name Signature
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___________________________________________________________________________________
PLAINTIFF’S REQUEST TO STRIKE DBNTC PLEADINGS FOR FAILURE TO COMPLY WITH
FEDERAL RULES OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 7.1-1
Case 6:11-ap-01001-SC Doc 31 Filed 04/25/11 Entered 04/25/11 17:26:56 Desc
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___________________________________________________________________________________
PLAINTIFF’S REQUEST TO STRIKE DBNTC PLEADINGS FOR FAILURE TO COMPLY WITH
FEDERAL RULES OF CIVIL PROCEDURE 7.1 AND LOCAL RULE 7.1-1