UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

BAC HOME LOANS SERVICING LP, 

Plaintiff,

Case No. 2:11-cv-274

v. JUDGE GREGORY L. FROST

Magistrate Judge Terence P. Kemp

FALL OAKS FARM LLC, et al.,

Defendants.

ORDER

This matter is before the Court for consideration of the following filings: (1) a January

14, 2016 combined motion for leave to file an amended answer, affirmative defense, and

counterclaims filed by Defendant James Moder (ECF No. 199); (2) a January 15, 2016 motion to

stay order of confirmation of sale filed by Moder (ECF No. 200), and (3) a January 21, 2016

motion for sanctions filed by Plaintiff Carrington Mortgage Services, LLC (“Carrington”) (ECF

No. 202).

The Court has previously addressed multiple motions by Moder in which he has sought

to reopen the pleading in this case in disregard for the developments in this litigation and the

May 2, 2013 judgment entry of foreclosure. Once again, there is little point in repeating the

rationale here for rejecting Moder’s request because time and again he has simply re-filed the

same request recast as a new motion. For the reasons previously explained by this Court, the

Court DENIES Moder’s combined motion for leave to file an amended answer, affirmative

defense, and counterclaims. (ECF No. 199.) 

Moder’s motion to stay order of confirmation of sale is different than many of his

repeated filings in that he asserts in this motion irregularities in the administration of the

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foreclosure sale. (ECF No. 200.) Carrington has not yet responded to this motion, but is still

within the default briefing schedule established by S.D. Ohio Civ. R. 7.2(a)(2). Given the

seriousness of the allegations, the Court is certain that Carrington is planning on filing a

clarifying response. In order to expedite consideration of Moder’s motion, the Court ORDERS

that Carrington shall file its response to the motion on or before January 29, 2016, and that

Moder shall file a reply memorandum on or before February 5, 2016. The Court sets a February

8, 2016 non-oral hearing on the motion. Carrington should address Moder’s allegations with

specificity. The special master may, but is not required to, file a notice addressing the

allegations targeting his role in the administration of the foreclosure proceedings. Because this

would involve exceptional work beyond the ordinary duties of the special master, he may apply

to this Court for additional, exceptional fees for this work.

Finally, the Court declines to sanction Moder at this time. Carrington is correct that

Moder has long engaged in a pattern of filing redundant and often wholly frivolous filings,

raising arguments that this Court has rejected again and again. Because he is proceeding pro se,

this Court has repeatedly given Moder considerable latitude in regard to his filings. But

regardless of his pro se status, the Court is certain that Moder understands that repeatedly filing

the same arguments again and again is improper. It evinces a disregard for the orders of this

Court, for the applicable law, and for the consequences of his own actions. It is an abuse of the

judicial process and system. Consequently, the Court is inclined to enjoin Moder from making

any additional filings without first obtaining leave of court and providing a declaration or sworn

affidavit indicating that a proposed filing would present a new issue, that the issue is not

frivolous, and that raising the issue and filing the document would not be in bad faith. 

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Additional sanctions may also be warranted. At this time, however, the Court will not impose

the sanctions or procedures that Carrington requests without giving Moder fair warning here of

the probable consequences of his actions should he continue to engage in his frivolous filing. 

The Court therefore DENIES WITHOUT PREJUDICE Carrington’s motion for sanctions. 

(ECF No. 202.) Should Moder continue to file frivolous documents, Carrington may re-file its

motion and the Court will impose appropriate sanctions. 

IT IS SO ORDERED.

 /s/ Gregory L. Frost 

GREGORY L. FROST

UNITED STATES DISTRICT JUDGE

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