JOAN N. ERICKSEN, District Judge.
This is a mortgage foreclosure case. The Complaint in this action contains claims in the nature of "show me the note" and private causes of action under the Home Affordable Mortgage Program ("HAMP"). Tracy Harris brought this action against Chase Bank USA, N.A., JP Morgan Chase Bank, N.A., Chase Home Finance, LLC (collectively, "Chase Defendants"), Lender Business Processing Service ("Seterus")
Harris's brief in response to Defendants Seterus and FNMA's Motion to Dismiss was due on April 12, 2012, and the brief in response to the Chase Defendants' Motion to Dismiss was due on May 16, 2012. Harris filed no response to either Motion, and the time for responding has long passed. Because the Court's own review of the allegations supports Defendants' assertions that the Complaint is insufficiently pled and fails to state a cause of action, and for the reasons more fully set forth in Defendants Seterus and FNMA's Memorandum supporting their Motion to Dismiss, the Motion will be granted with respect to all Defendants.
One additional matter deserves clarification. The removed action was Hennepin County Case No. 27-cv-12-39. To the extent that Harris attempted to amend the Complaint by serving, but not filing, an Amended Complaint on three of the five defendants prior to removal, the proposed amendment is disregarded. In Minnesota, a state court action may be commenced by serving—but not filing—a complaint. Minn. R. Civ. P. 3.01. This is colloquially referred to as "pocket service" because a plaintiff may serve one or more defendants and keep the complaint "in his pocket" rather than making a public filing. However, it is this Court's judgment that once a case is open in the state court, the action cannot be commenced again with the service of a nonpublic document. Once a court file is open, any subsequent papers that are required to be served must also be filed with the court within a reasonable time after service. See Minn. R. Civ. P. 5.04. Such papers must also be served upon each of the parties. Minn. R. Civ. P. 5.01. The purported amendment was not filed in either state or federal court, was not attached to the Notice of Removal in this Court, and also was not served on two of the five defendants. In any event, the purported Amended Complaint would also be inadequate, as explained in the Chase Defendants' Memorandum in support of their Motion to Dismiss.
Based on the files, records, and proceedings herein, and for the reasons stated above, IT IS ORDERED THAT:
LET JUDGMENT BE ENTERED ACCORDINGLY.