Opinion
2:22-cv-01094-JAD-VCF 2:22-cv-01031-ART-BNW
11-08-2022
INA STEPANOV, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, et al... Defendants. INA STEPANOV, Plaintiff, v. THE STATE OF NEVADA, et al, Defendants.
CAM FERENBACH UNITED STATES MAGISTRATE JUDGE
ORDER
BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE
Before the court in case no. 2:22-cv-1094-JAD-VCF are plaintiffs motion to strike (ECF No. 7), motion for emergency hearing (ECF No. 9), motion for copy of court docket (ECF No. 11), motion to serve the summons (ECF No. 12), letter from Ina Stepanov (ECF No. 13), the motion to dismiss (ECF NO. 15), and Notice of Withdrawal of Case (ECF No. 17).
Background:
This case commenced on July 11, 2022, with the filing of a complaint (ECF No, 1) signed by Ms. Stepanov on page 17 (copy attached as Ex. A)., cover sheet (Ex. B), 6 summonses (Ex. C), and Legal Wings check No. 116308 in the amount of $402.00 payable to U.S. District Court (Ex. D).
The Clerk's office issued Summons to Clear Recon Corp, Jonathan R. Dalhaus, LHL Group, LLC, Mortgage Electronic Registration, Lisa Pitrelli, and U.S. Bank Nation Association as trustee, with case no. 2:22-cv-1094-JAD-VCF (ECF No. 3).
On October 20, 2022, Ms. Stepanov filed certified mail receipts for the issued summons. (ECF NO. 5). Ms. Stepanov has filed along with the motions listed above, a document titled "Jurisdictional Challenge with Affidavit." (ECF No. 6). On October 25, 2022, Ms. Stepanov filed a document titled "reopen non-judicial wrongful foreclosure." (ECF NO. 8). On October 31, 2022, Ms. Stepanov filed a letter stating that she never filed in case no. 2:22-cv-01094-JAD-VCF, and wrote "1 never had or I don't want to have this name of this case." (ECF NO. 13). On November 15, 2022, the court scheduled a hearing on the above referenced motions in case no. 2:22-cv-01094-JAD-VCF, and Ms. Stepanov was ordered to attend the scheduled hearing in person on December 8, 2022. (ECF No. 14). On November 29, 2022, Ms. Stepanov filed a 1-page motion to dismiss stating this is not her case. (ECF No. 15), On November 30, 2022, the court added the motion to dismiss to the scheduled hearing on December 8th and stated that the filing of the motion to dismiss does not excuse Ms. Stepanov's presence at the December 8th hearing. (ECF Nos. 15 & 16). On December 6, 2022, Ms. Stepanov filed a notice of withdraw of case and stated that she will not be attending the scheduled hearing on December 8th. (ECF No. 17).
In relevant part, Ms. Stepanov states, "... I didn't pay for this case
4. and I didn't file this case
5. and, I never file my documents in Federal Court Electronically, only in person
6. and, I, Ina Stepanov, I will not come to the Federal Court for the Hearing on December 8, 2022, at: 10:00 AM."
Findings:
1. The complaint commencing this action, signed by Ina Stepanov, was manually filed with the court by Legal Wings. The courier service also submitted a civil cover sheet, proposed summonses and a filing fee check, no. 116308, in the amount of $402.
2. The memo on check no 116308 reads "R#0218/5598 - ROCKINGHAM - CASE # INA STEP." Based on this memo, we find that Legal Wings was acting for Ina Stepanov when it delivered to the Clerk's Office for filing ECF No. 1, with Legal Wings check No 116308.
3. There was a failure of communication between Ina Stepanov and Legal Wings, it being her intention that only the complaint in ECF No. 1 be filed (WITHOUT (1) a cover sheet, (2) proposed summonses and (3) a filing fee check) in her then pending case 2:22-cv-1031-ART-BNW. Ms. Stepanov did not intend to commence a new action.
Decision:
A hearing on the above referenced motions was held on December 8, 2022, before Magistrate Judge Cam Ferenbach. Ms. Stepanov failed to appear. Based on Ms. Stepanov's filings and nonappearance at the December 8, 2022 hearing, it is clear that she does not want to move forward with this case and would like to close this case. Ms. Stepanov wishes to proceed only in case no. 2:22-cv-1031-ART-BNW, which she is actively prosecuting.
Accordingly, WE HEREBY ORDERED that case no. 2:22-cv-01094-JAD-VCF is ADMINISTRATIVELY CLOSED.
WE FURTHER ORDERED that plaintiffs motion to strike (ECF No. 7), motion for emergency hearing (ECF No. 9), motion for copy of court docket (ECF No. 11), motion to serve the summons (ECF No. 12), letter from Ina Stepanov (ECF No. 13), and the motion to dismiss (ECF NO. 15), are DENIED as moot.
We direct the Clerk of Court to apply the $402 filing fee in case 2:22-cv-01094-JAD-VCF to case no. 2:22-cv-1031-ART-BNW.
We also direct the Clerk of Court to file a copy of the complaint (ECF No. 1-1) commencing case 2:22-cv-01094-JAD on the docket of case 2:22-cv-1031-ART-BNW, together with a copy of the receipt (ECF No. 1-3).
EXHIBIT OMITTED