Nelson et al v. Mortgage Research Centers LLC et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Paul Michael Nelson, et al.,
Plaintiffs,
v.
Mortgage Research Centers LLC, et al.,
Defendants.
No. CV-26-06833-PHX-JAT
ORDER
On October 2, 2026, this Court granted Plaintiffs’ motion to proceed in forma
pauperis, in part, and required Plaintiffs to pay a partial filing fee of $50.00. (Doc. 9). To
date, Plaintiffs have not paid the partial filing fee. As the Court stated in the October 2,
2026 Order, “Until the Plaintiffs pay the filing fee, this case has not commenced. 28 U.S.C.
§ 1914; Wairimu v. Dir., Dep’t of Homeland Sec., No. 19-CV-174-BTM-MDD, 2019 WL
460561, at *3 (S.D. Cal. Feb. 5, 2019).”
On October 9, 2026, Plaintiffs filed an amended complaint. The Court will not
screen the amended complaint until Plaintiffs pay the partial filing fee. Id.; see also 28
U.S.C. § 1915(e)(2).
Because Plaintiffs have filed an amended complaint, naming 27 new Defendants,
renaming 3 original Defendants, and dismissing 1 original Defendant, the Court will deny
the motion for temporary restraining order, filed on October 1, 2026, without prejudice.
The Court denies the motion for temporary restraining order because it is no longer based
on the operative complaint. If, after paying the filing fee, Plaintiffs choose to file a new
Case 2:26-cv-06833-JAT Document 13 Filed 10/14/26 Page 1 of 2

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motion for temporary restraining order, Plaintiffs are cautioned that the motion must
explain how injunctive relief is justified against each of the 30 Defendants in the amended
complaint, or specify which Defendants are not the subject of the motion. See Gibson v.
City of Portland, 165 F.4th 1265, 1288–90 (9th Cir. 2026) (discussing impermissible
“shotgun” pleadings which inappropriately group all Defendants together in the
allegations).
The Court will also deny the motion for appointment of counsel and the motion for
service by the Marshals, without prejudice, because they are unsigned.
Based on the foregoing,
IT IS ORDERED that the motion for temporary restraining order (Doc. 7), the
motion for appointment of counsel (Doc. 11), and the motion for service by the U.S.
Marshals (Doc. 12), are all denied without prejudice.
Dated this 14th day of October, 2026.
Case 2:26-cv-06833-JAT Document 13 Filed 10/14/26 Page 2 of 2