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Lundahl v. JP Morgan Chase Bank

United States District Court, D. South Dakota, Western Division

December 21, 2018

LOGAN LUNDAHL, HOLLI LUNDAHL, Plaintiffs,
v.
JP MORGAN CHASE BANK, OLD REPUBLIC INSURANCE CO., MEL HOFFMAN, LOS ANGELES HOMEOWNERS AID, LILIA CHAVARIN, AMERICAN MODERN INSURANCE GROUP, FIRST AMERICAN TITLE INSURANCE CO., DOES 1-10, Defendants.

          ORDER

          Lawrence L. Piersol United States District Judge

         Pending before the court are plaintiffs' "Emergency Petitions Motion to File Under Seal A Complaint Plaintiffs Seeks to Supplement Into The Present Action As Involving Related Subject Matter In The Efforts To Steal Property Rights of Plaintiff - Or In The Alternative Open A New Action So That Plaintiff Can Immediately Exercise The Emergency The Permanent Injunction Attached As Exhibit '2'" and "Plaintiffs Separate Motion To Supplement / Add Certain South Dakota Officials Into This Action As Identified In The Complaint Attached As Exhibit '1' To Plaintiffs Motion To Seal Filed Concurrently Here- With- Given The Sealed Complaint Raises Common Questions of Law Regarding Efforts To Steal And Extort Plaintiff Holli And Her Wards Of Their Housing Rights In The State Of South Dakota - Or In The Alternative - File As A Severed action So That Plaintiff Can Immediately Prosecute The Motion For Emergency Permanent Injunction Attached As Exhibit '2' To The Motion To Seal." Dockets 73 and 74. After reviewing plaintiffs' filings, the court will allow plaintiffs thirty days to amend their complaint.

         The original complaint in this matter concerns an alleged conspiracy to deprive plaintiffs of property in Provo, Utah. See Docket 1. After screening the complaint, the court directed service on JP Morgan Chase Bank, Old Republic Insurance Co., Mel Hoffman, Los Angeles Homeowners Aid, Lilia Chavarin, American Modern Insurance Group, and First American Title Insurance Co.. Docket 15. Plaintiffs then filed an amended complaint and supplement. Dockets 27 and 47. The court has not yet screened plaintiffs' amended complaint and supplement. The amended complaint and supplement include previously dismissed defendants and new defendants and claims concerning an alleged conspiracy to deprive plaintiffs of property in Smith County, Texas. See Dockets 27 and 47. The emergency petition and supplement filed by plaintiffs includes new defendants and new claims concerning plaintiffs' attempts to secure financing to purchase a home in Rapid City, South Dakota. Docket 73 and 74.

         This court will not, as plaintiffs request, direct the Clerk of Court to open a new action. If Ms. Holli Lundahl desires to open a new action, she must comply with the filing restrictions imposed in Noble v. Am. Nat'l Prop. & Casualty Ins. Co., CIV. 17-5088-JLV, Docket 88. The restrictions are as follows:

IT IS FURTHER ORDERED that Holli Telford (Lundahl), both individually and through a third person, and under any current or future aliases, is permanently enjoined from filing any further civil lawsuits, motions to intervene, or other pleadings in the United States District Court for the District of South Dakota unless:
A. At the time of the filing of any pleading Ms. Telford has prepaid in full the applicable filing fee required by the Clerk of Court; B. The pleadings are signed pursuant to Fed.R.Civ.P. 11 by an attorney admitted to the court; or C. Ms. Telford (Lundahl) provides the Clerk of Court with a complaint or pleading including all of the following:
1. As exhibit A to the submission a copy of this permanent injunction; and
2. As exhibit B to the submission a declaration prepared pursuant to 28 U.S.C. § 1746 or a sworn affidavit certifying that the claim Ms. Telford (Lundahl)wishes to file is a new claim never before raised by her in any court in the District of South Dakota; and
3. As exhibit C to the submission a listing by full caption of each and every lawsuit previously filed by Ms. Telford in any federal or state court against each and every defendant to the lawsuit she wishes to file; and
4. As exhibit D to the submission attach a copy of each such previous complaint and a certified copy of its disposition; and
5. As exhibit E to the submission a list of any judgments or monetary' sanctions previously imposed on Ms. Telford (Lundahl), or any person acting in concert with her, and the status of payment on any such financial obligation.
D. If Ms. Telford (Lundahl) provides a submission under Part C, the judge presiding over the case shall review the submission and determine whether it will be approved for filing.
IT IS FURTHER ORDERED that the Clerk of Court for the District of South Dakota shall not file any pleading on behalf of Ms. Telford (Lundahl) or anyone acting in concert with her unless the pleading complies with the directives prescribed above.

         Rather, the court will construe plaintiffs' filings at Docket 73 and ...


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