United States District Court, E.D. Michigan, Southern Division
ORDER VACATING ORDER STAYING CASE ; DISMISSING
DEFENDANTS BJERK & BJERK FOR LACK OF
SERVICE; DENYING AS MOOT PLAINTIFFS' MOTION FOR
INJUNCTION PENDING APPEAL , MOTION FOR JUDICIAL
NOTICE , MOTION FOR PRELIMINARY
INJUNCTION , MOTIONS FOR LEAVE TO FILE
AMENDED COMPLAINT [77, 81], MOTION TO DISQUALIFY
COUNSEL ; AND DISMISSING CASE
J. TARNOW SENIOR UNITED STATES DISTRICT JUDGE
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 Street
in Gregory, Michigan. In this action, commenced on September 13,
2016, Plaintiffs Laydell Wyatt and Licia Harper, pro
se, allege claims under the Fair Debt Collection
Practices Act (“FDCPA”) and under state law
against Defendants Safeguard Properties, LLC, Bjerk &
Bjerk Management, LLC, Bjerk & Bjerk Property Management,
LLC, and JPMorgan Chase Bank.
Safeguard and JPMorgan filed notices of appearance and
answers to the complaint. Defendants Bjerk & Bjerk
Management, LLC and Bjerk & Bjerk Property Management,
LLC (“Defendants Bjerk & Bjerk”) neither
entered appearances nor filed answers to the complaint.
December 14, 2016, Plaintiffs attached exhibits indicating
that the summons sent to Defendants Bjerk & Bjerk, and
their alleged agent Mark A. Bjerk, at 7375 N. Inkster Road in
Westland, Michigan, had been returned as unexecuted. [Dkt.
#31]. Also on that date, Plaintiffs filed a Motion for
Default Judgment  against Defendants Bjerk & Bjerk.
Court dismissed the complaint for failure to state a claim
and for lack of service. Id. Following that case,
Plaintiff commenced a second action in state court contesting
the foreclosure proceedings, which Defendants removed to this
Court. Wyatt v. JPMorgan Chase Bank, et al., No.
13-14352, (E.D. Mich. Aug. 8, 2014), aff'd, No.
15-1555, (6th Cir. April 6, 2016) (“Wyatt
II”). In dismissing Wyatt II, this Court
held that foreclosure was not prevented by Plaintiff's
dower interest in the property, and that JPMorgan had not
violated the Real Estate Settlement Procedures Act and the
Truth in Lending Act. Id.
thereafter, Plaintiffs filed a Cross-Motion for Summary
Judgment  on December 18, 2016.
September 25, 2017, the Court issued an Order  dismissing
Plaintiffs' state law claims against all Defendants,
granting summary judgment for Defendant Safeguard on the
FDCPA claim, and dismissing Defendants Safeguard and JPMorgan
from the case. The Court denied Plaintiffs' Motion for
Default Judgment against Defendants Bjerk & Bjerk because
Plaintiffs failed to show proper service.
Court's Order  had the effect of dismissing all
claims except Plaintiffs' FDPCA claim against Defendants
Bjerk & Bjerk. The Court ordered Plaintiffs to properly
serve Defendants Bjerk & Bjerk within thirty days of the
entry of the Order.
attempt to comply with the Court's Order, Plaintiffs
filed a Certificate of Service  on October 5, 2017. The
Certificate  stated that Plaintiffs served Defendants
Bjerk & Bjerk a copy of the summons, complaint, and Order
, by “placing said copy(ies) in a postage paid
envelope in the U.S. mail[.]” No. green card or proof
of service was attached.
Plaintiffs filed a Motion for Leave to File an Amended
Complaint and for Permanent Injunction  and a Motion for
Temporary Restraining Order , which the Court denied on
October 26, 2017. [Dkt. #60]. Plaintiffs filed a Notice of
Appeal [61, 62] on October 31, 2017.
point - despite Plaintiffs' attempts at service -
Defendants Bjerk & Bjerk had not yet filed appearances.
Nor had Plaintiffs provided any indication that the service
documents were actually delivered. In an effort to give
Plaintiffs one last bite at the apple, on November 30, 2017,
the Court issued an Order  for Plaintiffs to show cause
that Defendants Bjerk & Bjerk had been properly served.
December 15, 2017, Plaintiffs filed a Certificate of Service
 which stated that they had served Defendants Bjerk &
Bjerk a summons, copy of the complaint and amended complaint,
and Order , by U.S. Certified Mail on October 5, 2017.
Plaintiffs filed a Request for Clerk's Entry of Default
 to which they attached: the Certificate of Service ;
a U.S. Certified Mail Receipt indicating that a package had
been sent to Bjerk & Bjerk Management at 7375 N. Inkster
Road in Westland, Michigan; and a summons to Bjerk &
Bjerk Property Management, LLC issued on September 13, 2016,
which ordered Defendants Bjerk & Bjerk to serve their
answer on Plaintiffs at 7375 N. Inkster Road in
February 5, 2018, the Court issued an Order Staying Case 
pending resolution of the appeal of Order . Subsequently,
Plaintiffs filed several motions in this Court
notwithstanding the stay. [Dkt. #76, 77, 81, 82].
11, 2018, the Sixth Circuit dismissed the appeal for want of
prosecution. Laydell Wyatt, et al. v. Safeguard
Properties, LLC, et al., No. 17-2333, (6th Cir. July 11,
2018). Because the Sixth Circuit has resolved the appeal, the
Court now lifts the stay and considers Plaintiffs'
Response to the Court's Order to Show Cause . The