Case 3:15-cv-05375-BHS Document 22 Filed 08/11/15 Page 1 of 2

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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON (TACOMA)

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)
)
Plaintiff, )
vs.
)
)
FEDERAL HOUSING FINANCE AGENCY; )
FEDERAL HOME LOAN MORTGAGE
)
CORPORATION; MTC FINANCIAL, INC., )
D/B/A TRUSTEE CORPS; BISHOP,
)
MARSHALL & WEIBEL, P.S.; CHUCK E. )
ATKINS, in his official capacity as Clark
)
County Sheriff,
)
Defendants.)

Civil Action No. 15-cv-05375-BHS

PAMELA S. OWEN

TO:

(Formerly in the Superior Court of the State of

Washington, in and for the County of Clark,
Case No. 15-2-01264-2, filed on May 7, 2015)

NOTICE OF STATUS OF WAIVER OF

THE SERVICE OF SUMMONS

CLERK OF THE COURT; HONORABLE BENJAMIN J. SETTLE; THE

DEFENDANTS AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT:

On June 7, 2015, pursuant to Fed. R. Civ. P, Rule (4)(d) and using Court Form AO 399
(01/09) Waiver of the Service of Summons, Plaintiff caused Defendants Federal Housing Finance
Agency; Federal Home Loan Mortgage Corporation; MTC Financial, Inc., D/B/A Trustee Corps

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and Bishop, Marshall & Weibel, P.S. to be served with a request for waiver of service of

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summons, addressed as follows, together with a stamped, self-addressed return envelope:

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Jody M. McCormick
Steven Joseph Dixson
Witherspoon Kelley (Spokane)
422 W Riverside Avenue, Suite 1100
Spokane, WA 99201
Attorneys for Federal Home Loan Mortgage
Corporation
USPS Tracking #9505511067635158467857

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Michael Steven DeLeo

Peterson Russell Kelly PLLC
10900 NE 4th Street, Suite 1850
Bellevue, WA 98004-8341
Attorney for MTC Financial Inc., d/b/a Trustee
Corps

David A. Weibel
Barbara L. Bollero
Bishop Marshall & Weibel, PS
720 Olive Way, Suite 1201
Seattle, WA 98101
Attorneys for Bishop Marshall & Weibel PS
USPS Tracking #9505511067635158468793
Julia A. Phillips
Peter J. Salmon
Aldridge Pite LLP
9311 SE 36th Street, Suite 100
Mercer Island, WA 98040
Attorneys for Federal Housing Finance Agency
and Federal Home Loan Mortgage

NOTICE OF STATUS OF WAIVER OF THE SERVICE OF SUMMONS

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Case 3:15-cv-05375-BHS Document 22 Filed 08/11/15 Page 2 of 2

USPS Tracking #9505511067635158468281

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Corporation
USPS Tracking #9505511067635158469493

Rule 4(d)(1) provides that: An individual, corporation, or association that is subject to

service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the
summons.
Rule 4(d)(2) makes mandatory that:
If a defendant located within the United States fails, without good cause, to sign
and return a waiver requested by a plaintiff located within the United States, the
court must impose on the defendant:
(A) the expenses later incurred in making service; and
(B) the reasonable expenses, including attorneys fees, of any motion required to
collect those service expenses.

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On June 15, 2015, Defendant Atkins filed an Answer to the Complaint. [Dkt. No. 10]

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On June 18, 2015, Defendant MTC Financial, Inc., ignored the Waiver of Service and

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instead filed a motion to dismiss pursuant to Fed. R. Civ. P., Rule 12(b)(6) without including its

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other available defenses. [Dkt. No. 11].

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On or about July 1, 2015, Attorney Jody M. McCormick, representing Defendant Federal

Home Loan Mortgage Corporation, notified Plaintiff that she intended to waive service of
summons. On August 3, 2015, Attorney McCormick filed a Notice of Appearance for Defendant
Federal Housing Finance Agency. Dkt. 19. As of the date of this Notice, Federal Housing Finance
Agency has not returned the waiver.
On August 4, 2015, Plaintiff received a waiver of service from attorney Barbara Bollero,

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Attorney for Bishop Marshall & Weibel PS.

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Respectfully submitted,

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Dated: August 11, 2015

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___________________
Pamela S. Owen
3912 NE 57th Avenue
Vancouver, WA 98661
Tel: (360) 991-4758

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NOTICE OF STATUS OF WAIVER OF THE SERVICE OF SUMMONS

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