Case 3:15-cv-05375-BHS Document 30 Filed 08/31/15 Page 1 of 6

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UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF WASHINGTON AT TACOMA
PAMELA S. OWEN,
Plaintiff,
v.
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,

No. 3:15-cv-05375-BHS
DEFENDANT BISHOP, MARSHALL
& WEIBEL, P.S.s JOINDER IN
MTCS AND OPPOSITION TO
PLAINTIFFS MOTION TO STAY
PROCEEDINGS PENDING
OUTCOME OF STATE COURT
OF APPEALS
Noting Date: September 4, 2015

Defendants.

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I.

INTRODUCTION AND RELIEF REQUESTED

Pending before the Court for determination on September 4, 2015, are Defendant
Bishop, Marshall & Weibel, P.S.s (Bishop) dismissal motion [Dkt. 21] and Defendant
MTC Financial Inc.s (MTC) dismissal motion [Dkt. 11]. Both arise from the completed
nonjudicial foreclosure of Plaintiff Pamela S. Owens real property in which MTC served

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DEFENDANT BISHOP, MARSHALL

& WEIBEL, P.S.s JOINDER IN MTCS
AND OPPOSITION TO PLAINTIFFS
MOTION TO STAY PROCEEDINGS
PENDING OUTCOME OF STATE
COURT OF APPEALS - 1
No. 3:15-cv-05375-BHS

MARSHALL & WEIBEL, P.S.

720 OLIVE WAY, SUITE 1201
SEATTLE, WASHINGTON 98101-1801
206/622-5306 FAX: 206/622-0354

Case 3:15-cv-05375-BHS Document 30 Filed 08/31/15 Page 2 of 6

as the foreclosing Trustee, and her subsequent eviction in which Bishop represented the

property owner, co-Defendant Federal Home Loan Mortgage Corporation (Freddie

Mac). Ms. Owen now moves the Court to stay these proceedings pending her state court

appeal of that unlawful detainer action.

Because, as with MTC, Bishop is not a party to the unlawful detainer appeal, and

because none of the arguments in Bishops dismissal motion depend on or will be affected

by the outcome of that appeal, Bishop joins MTCs response [Dkt. 28], and requests the

Court deny Ms. Owens stay motion.

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II.

AUTHORITIES AND ARGUMENT

Bishop incorporates by this reference MTCs arguments in response to Plaintiffs

stay motion [Dkt. 28] as if fully set forth herein. In addition, Bishop argues as follows.

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In support of a stay, Ms. Owen asserts only that: (1) no Defendant will be unfairly

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prejudiced [Dkt. 25, p. 1, ll. 19-20]; and (2) an appellate ruling with regard to the

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regularity of the unlawful detainer proceedings in the Superior Court will have a profound

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impact on the resources of this Court and the parties as to the issues left to be litigated

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[Dkt. 25, p. 2, ll. 8-10]. But Ms. Owen provides no argument, rationale, or support for

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either assertion, and both are incorrect.

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The prejudice to Bishop is apparent it is devoting time defending itself against

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litigation it believes baseless, rather than performing other work for its clients. It has a

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dispositive motion pending which should terminate this case against it [Dkt. 21].

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DEFENDANT BISHOP, MARSHALL

& WEIBEL, P.S.s JOINDER IN MTCS
AND OPPOSITION TO PLAINTIFFS
MOTION TO STAY PROCEEDINGS
PENDING OUTCOME OF STATE
COURT OF APPEALS - 2
No. 3:15-cv-05375-BHS

MARSHALL & WEIBEL, P.S.

720 OLIVE WAY, SUITE 1201
SEATTLE, WASHINGTON 98101-1801
206/622-5306 FAX: 206/622-0354

Case 3:15-cv-05375-BHS Document 30 Filed 08/31/15 Page 3 of 6

Plaintiffs stay motion filed nearly two weeks after Bishops dismissal motion appears

to be a stalling tactic to delay Bishops ultimate dismissal.

Plaintiff provides no hint what profound impact an appellate ruling in her eviction

challenge might have on her consumer protection and deprivation of constitutional rights

under color of state law claims against Bishop. Those causes of action against Bishop

stand on their own, irrespective of the unlawful detainer appeal outcome an appeal to

which Bishop is not a party, and in which the only issues are Freddie Macs right of

possession and Ms. Owens claim that the Superior Court lacked jurisdiction over her.

Similar to MTCs, Bishops dismissal motion is well-taken.

Ms. Owens

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Complaint fails to state a Consumer Protection Act, RCW 19.86, et seq. (CPA), claim

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against Bishop because there is not a single reference to Bishop in the entire 10 pages

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devoted to the CPA claim.

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prosecuting the unlawful detainer proceedings were statutorily compliant and allowed by

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the Civil Rules; consequently, they cannot be deemed unfair and deceptive. Further, she

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cannot prove causation for her CPA claim any damages sustained were due to her failure

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to restrain the Trustees sale, not Bishops representation of Freddie Mac in the eviction

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case now on appeal, which appeal has no bearing on this suit against Bishop.

[Dkt. 2-3, pp. 12-22.]

In addition, Bishops actions in

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Ms. Owens second claim for violation of 42 U.S.C. 1983 deprivation of her

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constitutional rights committed under color of state law also fails to state any claim

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against Bishop, because Bishop is mentioned in only a single conclusory conspiracy

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allegation.

There is no assertion that Bishop communicated with any of the multiple

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DEFENDANT BISHOP, MARSHALL

& WEIBEL, P.S.s JOINDER IN MTCS
AND OPPOSITION TO PLAINTIFFS
MOTION TO STAY PROCEEDINGS
PENDING OUTCOME OF STATE
COURT OF APPEALS - 3
No. 3:15-cv-05375-BHS

MARSHALL & WEIBEL, P.S.

720 OLIVE WAY, SUITE 1201
SEATTLE, WASHINGTON 98101-1801
206/622-5306 FAX: 206/622-0354

Case 3:15-cv-05375-BHS Document 30 Filed 08/31/15 Page 4 of 6

defendants and there was a meeting of the minds among the alleged co-conspirators, let

alone an agreement to deprive Ms. Owen of her constitutional rights.

In addition, Bishop took no action under color of state law. A privately-retained

attorney does not act under color of state law for the purposes of a 1983 claim. Hunter v.

Ferebauer, 980 F.Supp.2d 1251, 1263 (E.D. Wash. 2013) (citing, Briley v. State of Cal.,

564 F.2d 849, 855 (9th Cir.1977)). Further, Bishops representation of Freddie Mac does

not make Bishop a state actor because Freddie Mac is not a governmental actor. Fed.

Home Loan Mortgage Corp. v. Shamoon, 922 F.Supp.2d 641, 644 (E.D. Mich. 2013),

appeal dismissed (Sept. 5, 2013) (emphasis supplied).

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III.

CONCLUSION

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Because Ms. Owen has neither shown nor argued any cognizable basis for granting

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her stay motion and granting a stay would result in prejudicial expense and delay to

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Bishop Defendant Bishop, Marshall & Weibel, P.S., respectfully requests the Court deny

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Plaintiffs Motion to Stay Proceedings Pending Outcome of State Court of Appeals.

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DATED this 31st day of August, 2015.

/s/ Barbara L. Bollero
Barbara L. Bollero, WSBA No. 28906
David A. Weibel, WSBA No. 24031
MARSHALL & WEIBEL, P.S.
720 Olive Way, Suite 1201
Seattle, WA 98101-1801
Phone: (206) 622-5306, ext. 5918
Email: dweibel@bwmlegal.com
Email: bbollero@bwmlegal.com
Attorneys for Defendant Bishop,
Marshall & Weibel, P.S.

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DEFENDANT BISHOP, MARSHALL

& WEIBEL, P.S.s JOINDER IN MTCS
AND OPPOSITION TO PLAINTIFFS
MOTION TO STAY PROCEEDINGS
PENDING OUTCOME OF STATE
COURT OF APPEALS - 4
No. 3:15-cv-05375-BHS

MARSHALL & WEIBEL, P.S.

720 OLIVE WAY, SUITE 1201
SEATTLE, WASHINGTON 98101-1801
206/622-5306 FAX: 206/622-0354

Case 3:15-cv-05375-BHS Document 30 Filed 08/31/15 Page 5 of 6

DECLARATION OF SERVICE

I hereby certify that on August 31, 2015, I electronically filed the foregoing with the

Clerk of the Court using the CM/ECF system, which will send notification of such filing to

the following CM/ECF participants:

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Pamela S. Owen
3912 NE 57th Avenue
Vancouver, WA 98661
Plaintiff Pro Se

[ ] By United States Mail

[ ] By Legal Messenger
[ ] By Federal Express
[X] By CM/ECF

Michael S. DeLeo, WSBA #22037

PETERSON RUSSELL KELLY PLLC
1850 Skyline Tower
10900 NE Fourth Street
Bellevue, WA 98004-8341
Attorneys for Defendant MTC
Financial Inc. d/b/a Trustee Corps

[ ] By United States Mail

[ ] By Legal Messenger
[ ] By Federal Express
[X] By CM/ECF
[ ] By Email to: mdeleo@prklaw.com

William P. Richardson, WSBA #42104

Clark County Prosecution Civil Div. P.O.
Box 5000
1300 Franklin St.
Vancouver, WA 98660-2865
Attorneys for Defendant Chuck E. Atkins

[ ] By United States Mail

[ ] By Legal Messenger
[ ] By Federal Express
[X] By CM/ECF
[ ] By Email to:
Bill.Richardson@clark.wa.gov

Jody M. McCormick, WSBA #26351

WITHERSPOON KELLEY
422 W. Riverside Ave., Ste. 1100
Spokane, WA 99201-0300
Attorneys for Defendant Freddie Mac

[ ] By United States Mail

[ ] By Legal Messenger
[ ] By Federal Express
[X] By CM/ECF
[ ] By Email to:
JMM@witherspoonkelley.com

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DEFENDANT BISHOP, MARSHALL

& WEIBEL, P.S.s JOINDER IN MTCS
AND OPPOSITION TO PLAINTIFFS
MOTION TO STAY PROCEEDINGS
PENDING OUTCOME OF STATE
COURT OF APPEALS - 5
No. 3:15-cv-05375-BHS

MARSHALL & WEIBEL, P.S.

720 OLIVE WAY, SUITE 1201
SEATTLE, WASHINGTON 98101-1801
206/622-5306 FAX: 206/622-0354

Case 3:15-cv-05375-BHS Document 30 Filed 08/31/15 Page 6 of 6

Dated this 31st day of August, 2015, at Seattle, Washington.

MARSHALL & WEIBEL, P.S.

/s/ Tamorah L. Burt

Tamorah L. Burt, Legal Assistant

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DEFENDANT BISHOP, MARSHALL

& WEIBEL, P.S.s JOINDER IN MTCS
AND OPPOSITION TO PLAINTIFFS
MOTION TO STAY PROCEEDINGS
PENDING OUTCOME OF STATE
COURT OF APPEALS - 6
No. 3:15-cv-05375-BHS

MARSHALL & WEIBEL, P.S.

720 OLIVE WAY, SUITE 1201
SEATTLE, WASHINGTON 98101-1801
206/622-5306 FAX: 206/622-0354