Hampton v. Steen
| Decision Date | 28 October 2014 |
| Docket Number | Case No. 2:12-cv-00470-AA |
| Parties | BRUCE HAMPTON, an individual; VENESE HAMPTON, an individual; and BRUCE HAMPTON, as trustee of the Bruce & Venese Hampton Charitable Trust I and the Bruce & Venese Hampton Charitable Trust II, Plaintiffs, v. FRED STEEN, individually and as Sheriff of Wallowa County; WALLOWA COUNTY SHERIFF'S OFFICE, a municipal subdivision of the State of Oregon; WALLOWA COUNTY, a municipal subdivision of the State of Oregon; PAUL CASTILLEJA, individually and as Commissioner of Wallowa County; and LLOYD TRACKWELL, JR., aka Lloyd R. Trackwell, aka Lloyd Ray Trackwell, individually and as an agent and informant for Wallowa County and Wallowa County Sheriff's Office, Defendants. |
| Court | U.S. District Court — District of Oregon |
Paul Castilleja, Wallowa County
Sheriff's Office, and Wallowa County
Lloyd Trackwell, Jr.
4830 Woodhaven Drive
Lincoln, NE 68516
Pro se defendant
Plaintiffs Bruce Hampton, Venese Hampton, and Bruce Hampton as trustee of the Bruce & Venese Hampton Charitable Trust I and the Bruce & Venese Hampton Charitable Trust II (collectively "Hamptons") filed a Third Amended Complaint ("TAC") against defendants Wallowa County Sheriff Fred Steen ("Sheriff Steen"), Wallowa County Commissioner Paul Castilleja ("Commissioner Castilleja"), Wallowa County Sheriff's Office ("WCSO"), Wallowa County (collectively "County defendants"), and pro se defendant Lloyd Trackwell, Jr., a/k/a Lloyd R. Trackwell, a/k/a Lloyd Ray Trackwell ("Trackwell"). The TAC alleges 27 claims under 42 U.S.C.§ 1983, the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. §§ 1961-1968, the Oregon Racketeer Influenced and Corrupt Organization Act ("ORICO"), Or. Rev. Stat. §§ 166.715-166.735, the Oregon Unlawful Debt Collection Practices Act ("OUDCPA"), Or. Rev. Stat. §§ 697.005-697.115, the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692-1692o, and numerous state common law torts.
Before the Court are a total of seven motions by defendants. County defendants move to quash subpoenas (docs. 193 & 195) issued to nonparties Frontier Communications and U.S. Cellular. County defendants and Trackwell separately move to strike portions of the TAC (docs. 155 & 206). Finally, County defendants and Trackwell separately move to dismiss the TAC (docs. 157, 211 & 215) under Fed. R. Civ. P. 12(b)(1), 12(b)(6), and 12(b)(7). For the reasons set forth below, the motions to quash subpoenas are granted, the motions to dismiss are granted, the motions to strike are denied as moot, and this case is dismissed.
Since 2008, the Hamptons and Trackwell have filed numerous lawsuits against one another in this Court and Wallowa County Circuit Court. See Order (doc. 104) at 2 n.1 (). Now, once again, this Court is faced with a lawsuit between the Hamptons and Trackwell related to debtcollection attempts by Trackwell. The Hamptons' 44-page TAC includes 92 paragraphs of facts and 27 claims for relief.
In August 2007, Trackwell sought and procured an agreement to serve as an agent for the American Bank of Missouri ("ABM"), to collect a debt allegedly owed by the Hamptons to ABM. TAC ¶ 14. The Hamptons, however, insist they were never indebted to ABM. Id. The Hamptons assert that beginning on September 1, 2008, Trackwell attempted to collect the debt through a series of unlawful activities. Id. ¶ 15. The Hamptons also allege that such attempts by Trackwell occurred without him registering as a debt collector with the Oregon Department of Consumer and Business Services ("ODCBS"), as required by Or. Rev. Stat. § 697.015. Id. ¶ 16.
On September 1, 2008, Trackwell and ABM filed a lawsuit against the Hamptons and others in Wallowa County Circuit Court ("ABM lawsuit") alleging breach of contract, breach of implied covenant of good faith and fair dealing, unjust enrichment, fraudulent conveyance, and fraud. See Compl., American Bank of Missouri et al. v. John Doe et al., Case No. 08-01-12961 (Wallowa Cnty. Cir. Ct. Sept. 1, 2008).1 The Hamptons argue Trackwell lacked probable cause to initiate and prosecute the ABM lawsuit, and did so with malicious intent. TAC ¶¶ 15, 38. The Hamptonsfurther assert beginning in 2008, Trackwell, along with Sheriff Steen and WCSO, separately filed false reports about them with the ODCBS, Oregon State Police, Oregon Department of Justice, Internal Revenue Service ("IRS"), Federal Bureau of Investigation ("FBI"), Financial Crimes Enforcement Network of the United States Department of Treasury, and the U.S. Observer, alleging they had conspired with Marilyn Suarez, Wallowa Title Company, and others, to commit money laundering, theft, tax evasion, and fraud. Id. ¶¶ 12, 13, 15.
Beginning July 1, 2009, the Hamptons allege Trackwell conspired with Sheriff Steen, WCSO, and Wallowa County, in his efforts to wrongfully collect the alleged ABM debt from the Hamptons.2 Id. ¶ 17. Specifically, the Hamptons argue Trackwell became an agent and informant for WCSO, and Sheriff Steen instructed Trackwell to report "everything that squeaks or moves" about the Hamptons.3 Id. ¶ 34. Also beginning July 1, 2009, the Hamptons allege Trackwell intentionally interfered with the Hamptons' business and contractual relationships with various third parties including the United States Department of Agriculture("USDA"), the United States Natural Resource Conservation Service ("NRCS"), the Oregon Watershed Enhancement Board ("OWEB"),4 Junior and Rose Lewis, The Nature Conservatory, Marilyn Suarez and Wallowa Title Company, First American Title Company, Russ Ruonavaara and the General Land Office in Joseph, Oregon, and Community Bank, and in some cases wrongfully told these third parties the Hamptons were under investigation by various law enforcement agencies. Id. ¶¶ 15, 24-26, 29-31, 33. The Hamptons also allege in August 2009, Trackwell contacted their pastor and other church members at the Joseph Baptist Church and falsely accused the Hamptons of failing to pay their debts, evading taxes, committing fraud, and lying. Id. ¶¶ 15, 27.
On September 1, 2009, the Hamptons filed a lawsuit against Trackwell in Wallowa County Circuit Court ("Hampton lawsuit I") alleging violations of the OUDCPA. See Compl., Hampton v. Trackwell, Case No. 09-09-13224 (Wallowa Cnty. Cir. Ct. Sept. 1, 2009).5 In April 2010, the Wallowa County Circuit Court consolidated Hampton lawsuit I with ABM lawsuit ("consolidatedcase"), and Trackwell removed the consolidated case to this Court. See Notice of Removal, Hampton v. Trackwell, Case No. 2:10-01233-SU (D. Or. Oct. 8, 2010).6 However, the consolidated case was ultimately remanded to Wallowa County Circuit Court by this Court. Hampton v. Trackwell, 2011 WL 653891, *1 (D. Or. Jan. 20, 2011) adopted by 2011 WL 653875, *1 (D. Or. Feb. 14, 2011).
On September 15, 2010, the Hamptons allege Trackwell, in furtherance of a scheme developed by him, Sheriff Steen, and WCSO, drove slowly past the Hampton residence numerous times, in attempts to lure them out of their home and to discredit, defame, and injure them. TAC ¶¶ 15, 22. The Hamptons allege when Trackwell drove past, he video recorded the events and was on a cell phone with Sheriff Steen stating "there may be gunfire." Id. ¶¶ 15, 23. The Hamptons assert this occurred because a hearing was scheduled the next day in Wallowa County Circuit Court to determine whether a Temporary Stalking Order issued against Trackwell should be made permanent.7 Id. Also in 2010, the Hamptons allege Trackwell contacted their friend and former banker Richard Wood, and falselyaccused the Hamptons of failing to pay their debts and committing crimes. Id. ¶¶ 15, 28.
On December 30, 2010, the Hamptons filed a lawsuit against Sheriff Steen in Wallowa County Circuit Court ("Hampton lawsuit II") seeking injunctive relief and a declaratory judgment that certain records in possession of Sheriff Steen constitute non-exempt public records under Or. Rev. Stat. § 192. See Compl., Hampton v. Steen, Case No. 10-12-13446 (Wallowa Cnty. Cir. Ct. Dec. 30, 2010).8 On April 15, 2011, Trackwell filed a lawsuit against the Hamptons and others in this Court ("Trackwell lawsuit I") alleging violations of 42 U.S.C. §§ 1983 & 1985, conspiracy, and slander. See Compl., Trackwell v. Hampton, Case No. 3:11-cv-00463-MO (D. Or. April 15, 2011).9
On May 23, 2011, Trackwell filed a second lawsuit in this Court against the Hamptons, Sheriff Steen, and others ("Trackwell lawsuit II") seeking a declaratory judgment that production of the records sought by the Hamptons in Hampton lawsuit II would violate his rights under the Bank Secrecy Act, 31 U.S.C. § 5113, et seq.See Compl, Trackwell v. Hostetter, Case No. 3:11-cv-00627-MO (D. Or. May 23, 2011).10 On July 29, 2011, Trackwell voluntarily dismissed Trackwell lawsuit II. See Notice of Voluntary Dismissal, Trackwell v. Hostetter, Case No. 3:11-cv-00627-MO (D. Or. July 29, 2011).
On December 29, 2011, Judge Michael W. Mosman dismissed from Trackwell lawsuit I various defendant State of Oregon employees for failure to state a claim. See Opinion and Order, Trackwell v. Hampton, Case No. 3:12-cv-00463-MO, 2011 WL 6935325 (D. Or. Dec. 29, 2011). On July 24, 2012, Judge Mosman dismissed Trackwell lawsuit I in its entirety due to Trackwell's failure to serve remaining defendants, including the Hamptons, and for failure to prosecute the action. See Order, Trackwell v. Hampton, Case No. 3:11-cv-00463-MO (D. Or. July 24, 2012). The Hamptons assert Trackwell lacked probable cause to initiate or prosecute...
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