United States District Court, E.D. Michigan, Southern Division
Stephanie Dawkins Davis, U.S. Magistrate Judge.
ORDER DENYING MOTION FOR LEAVE TO FILE AMENDED
COMPLAINT ; DENYING MOTION FOR TEMPORARY
RESTRAINING ORDER [56, 58]; AND VACATING
ORDER TO SHOW CAUSE 
J. Tarnow, Senior United States District Judge.
October 5, 2017, Plaintiffs Laydell Wyatt and Licia Harper
filed a Motion for Leave to File Amended Complaint and for
Permanent Injunction and Other Equitable Relief . On
October 6, 2017, Plaintiffs filed an Emergency Motion for
Temporary Restraining Order . Also on that date, the
Court issued an Order for Plaintiffs to Show Cause  as to
why this Court has subject matter jurisdiction over issues
raised in the motion. Plaintiffs filed an Amended Motion for
Permanent Injunction  on October 6, 2017 and filed a timely
Response  to the Order to Show Cause on October 13, 2017.
reasons stated below, Plaintiffs' motions are denied and
the order to show cause is vacated.
the Court is Plaintiffs' third action in this District
concerning allegations of a fraudulent mortgage on, and
wrongful eviction from, their residence at 483 First Gregory
Street. In the Complaint  of this action,
Plaintiffs alleged violations of the Fair Debt Collection
Practice Act (FDCPA) against Defendants Safeguard Properties
LLC and Bjerk & Bjerk. Plaintiffs further alleged five
state law claims against Defendants Safeguard, Bjerk, and
September 25, 2017, the Court issued an Order  which,
among other things, dismissed all of the state law
claims. The Court also granted summary judgment
for Defendant Safeguard on the FDCPA claim. [Dkt. #52].
Moreover, the Court denied Plaintiffs' Motion for Default
Judgment against Defendant Bjerk because Defendant Bjerk had
not been properly served. Id. The only remaining claim
in this action is the FDCPA claim against Defendant Bjerk.
Motion for Leave to File Amended Complaint
October 5, 2017, Plaintiffs filed a Motion for Leave to File
Amended Complaint . Many of the allegations in the Proposed
Complaint date back to May 2009 and are nearly identical to
those raised in Wyatt I and Wyatt II.
(Proposed Compl. at ¶¶ 17-75).
primary issue that has not been previously litigated in this
Court concerns Plaintiffs' allegations that a fraudulent
sheriff's deed was filed with the Washtenaw County
Register of Deeds. Plaintiffs submit that although the
sheriff's deed states that the Federal Home Loan Mortgage
Corporation purchased Plaintiffs' home at a sheriff's
sale on October 20, 2016, the sheriff's sale did not
actually take place. Plaintiffs further submit Trott Law
fraudulently claimed that Plaintiff Wyatt abandoned her
property. Id. at ¶¶ 112-24.
14, 2017, Defendants initiated an eviction action in the
14DCA1-Ann Arbor Landlord-Tenant Court
(“Landlord-Tenant Court”). Id. at ¶
August 1, 2017, Plaintiffs filed complaints against
defendants with the Department of Justice, the Federal
Housing Finance Agency, and the Consumer Financial Protection
Bureau. Id. at ¶ 131.
were summoned to the Landlord-Tenant Court on August 11,
August 25, and September 22, 2017. Id. at ¶
132. On September 29, 2017, Judge David. L. Jordon issued an
order directing Plaintiffs to pay $1390.96 in rent/escrow to
the Landlord-Tenant Court, each month, beginning on October
5, 2017. Id. at ¶ 137.
Proposed Complaint, Plaintiffs seek to add the following
claims: Conspiracy; Violations of the Racketeer Influenced
and Corrupt Organizations Act (RICO); and Violations of the
Equal Protection and Due Processes Clauses. Moreover,
Plaintiffs also seek to reinstate or add several defendants,
including: Safeguard Properties LLC; JPMCB; JP Morgan Chase
& Co.; Trott Law, P.C.; Judge David L. ...