Free Response to Motion - District Court of Arizona - Arizona

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John P. Flynn State Bar No. 015065 Gregory W. Seibt State Bar No. 021321
THIRD FLOOR CAMELBACK ESPLANADE II 2525 EAST CAMELBACK ROAD PHOENIX, ARIZONA 85016-4237 TELEPHONE: (602) 255-6000 FACSIMILE: (602) 255-0103

Attorneys for Metwest Mortgage Services, Inc. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA In re: MICHAEL HARVEY LYNN, Debtor. CIV-03-2164-PHX-DGC BK NO. 00-08572-PHX-GBN

MICHAEL HARVEY LYNN, Appellant, v. METWEST MORTGAGE SERVICES, INC., Appellee, APPELLEE'S RESPONSE TO APPELLANT'S MOTION TO STRIKE APPELLEE'S REPLY TO APPELLANT'S RESPONSES TO THE PLEADINGS FILED BY THE APPELLEE AFTER MAY 31, 2005.

Metwest Mortgage Services, Inc. (the "Appellee") hereby responds and objects to Appellant's Motion to Strike Appellee's Reply to Appellant's Responses to the Pleadings Filed by the Appellee After May 31, 2005 (the "Motion"). Appellant's Motion provides this Court with no new information or other cause to support any of the relief sought therein. Instead the Motion confronts this Court with yet another in a long line of Appellant's spurious pleadings, in which he spews forth only regurgitated arguments and mere redundancies, also contained in countless previous filings, demanding that this Court find Appellee in violation of the permanent

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injunction of Section 524 of the Bankruptcy Code. This Court has already twice denied Appellant that relief, once on appeal from the Bankruptcy Court, and again thereafter on Appellant's Motion for Reconsideration. Nevertheless, in an unabashed attempt to drag this case on ad infinitum, Appellant has continued to file numerous meritless post-appeal motions for relief, all which are properly characterized as additional Rule 59(e) motions for reconsideration, and which are thus improper, and are a waste of both this Court's and Appellee's time and resources. By reason of the foregoing, it is therefore both prudent and appropriate for this Court to enter Orders awarding Appellee's reasonable attorney's fees and costs as supported by Appellee's Motion and Memorandum in Support thereof; denying Appellant any of the relief prayed for in his improper Motion; and closing this case to prevent Appellant from any further abuse of process herein. WHEREFORE, Appellee respectfully requests this Court enter an Order on Appellant's Motion, denying any and all relief requested therein. Appellee further requests that this Court enter an Order granting its Motion for an Award of Attorneys' Fees and Non-taxable Costs as supported by the Memorandum in Support and closing this case. RESPECTFULLY SUBMITTED, this 23rd day of August, 2005. TIFFANY & BOSCO, P.A.

/s/ G.W.S. # 021321 By: John P. Flynn Gregory W. Seibt Third Floor Camelback Esplanade II 2525 East Camelback Road Phoenix, Arizona 85016-4237 Attorneys for Appellee

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Original electronically filed with the Court on this 23rd day of August, 2005, and copy mailed via U.S. Mail this 23rd day of August, 2005, to: Michael H. Lynn 3040 N. 36th Street, Apt. S-208 Phoenix, AZ 85018 Pro Per /s/ Janice Titgen __________________________________

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