Drewniak v. JP Morgan Chase Bank NA et al

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Vicki Drewniak,
Plaintiff,
v.
JP Morgan Chase Bank NA, et al.,
Defendants.
No. CV-25-00707-TUC-JCH
ORDER
Before the Court is Plaintiff’s Answer to Boeing Employees’ Credit Union’s
Counterclaim against Plaintiff and Amendment to Amount of Damage Claimed (Doc. 23).
Although Plaintiff is self-represented, she still must comply with the Federal Rules of Civil
Procedure (“Rule”) and the Local Rules of Civil Procedure for the District of Arizona
(“LRCiv.”). The Court will strike Plaintiff’s filing for failing to comply with these rules
under Rule 12(f)(1).
I. 	Amended Complaint
A party may amend its pleading “as a matter of course” within 21 days of serving
the pleading or before the opposing party files a responsive pleading. Fed. R. Civ. P. 15(a).
“In all other cases, a party may amend its pleading only with the opposing party’s written
consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2).
Here, 21 days have passed since Plaintiff filed her Complaint and the Defendants
have both answered the Complaint. (See Docs. 1, 7, 9.) Accordingly, Plaintiff may only
amend her Complaint with the Defendants’ written consent or after filing a motion to
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 1 of 11

- 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
amend her Complaint with this Court. Because of this, Plaintiff cannot amend her
Complaint and Answer BECU’s Counterclaim in the same document—she must file
separate documents.
If Plaintiff wishes to file a motion to amend her Complaint in the future, she must
comply with LRCiv. 15.1:
A party who moves for leave to amend a pleading must attach a copy of the
proposed amended pleading as an exhibit to the motion, which must indicate
in what respect it differs from the pleading which it amends, by bracketing
or striking through the text to be deleted and underlining the text to be added.
The proposed amended pleading must not incorporate by reference any part
of the preceding pleading, including exhibits. If a motion for leave to amend
is granted, the party whose pleading was amended must file and serve the
amended pleading on all parties under Rule 5 of the Federal Rules of Civil
Procedure within fourteen (14) days of the filing of the order granting leave
to amend, unless the Court orders otherwise.
The Court cautions Plaintiff that “an amended complaint supersedes the original complaint
and renders the original without legal effect.” Lacey v. Maricopa County, 693 F.3d 896,
927 (9th Cir. 2012). Any ground for relief raised in the original Complaint is waived if it
is not alleged in an amended complaint. Id. at 928. As such, the amended complaint must
be retyped or rewritten in its entirety and may not incorporate any part of the original
Complaint by reference. Any amended complaint submitted by Plaintiff should be clearly
designated as such on the face of the document.
A. 	Plaintiff 	Cannot 	Amend 	Her 	Complaint 	to 	Divest 	this 	Court 	of
Jurisdiction.
At the Court’s February 9, 2026 hearing, Plaintiff expressed a willingness to amend
her Complaint to request damages of less than $75,000 so that this case would be remanded
to the Superior Court in Cochise County (see Doc. 22), and Plaintiff’s filing attempts to
“amend[] her damage claim from $75,000 to $74,500” (Doc. 23). Upon further research,
Plaintiff reducing her damages amount will not result in remand to Cochise County.
The Supreme Court has clearly stated that “events occurring subsequent to removal which
reduce the amount recoverable . . . do not oust the district court’s jurisdiction once it has
attached.” St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 293 (1938). Put
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 2 of 11

- 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
differently, 	this 	Court 	is 	not 	deprived 	of 	jurisdiction 	where 	“the 	plaintiff 	after
removal . . . by amendment of its pleadings, reduces the claim below the requisite amount.”
Id. at 292. As such, Plaintiff may file a motion to amend her Complaint to reduce her
requested damages, but this will not result in remand.
II. 	Answer to Boeing Employees’ Credit Union’s (“BECU”) Counterclaim
“In responding to a pleading, a party must: (A) state in short and plain terms its
defenses to each claim asserted against it,” if any, “and (B) admit or deny the allegations
asserted against it by an opposing party.” Fed. R. Civ. P. 8(b)(1). A list of affirmative
defenses is provided in Rule 8(c)(1).
Here, Plaintiff’s response should not address the affirmative defenses in BECU’s
answer (See Doc. 7 at 5–6). Instead, Plaintiff’s response should only address BECU’s
Counterclaim (Doc. 7 at 6–9.) Plaintiff must either deny, admit, or “recite a lack of
knowledge or information sufficient to form a belief about the truth of” each allegation.
Fed. R. Civ. P. (b)(2)–(6). Plaintiff also “must fairly respond to the substance of the
allegation” and any general denials to all allegations in the pleadings must be in “good
faith.” Fed. R. Civ. P. (b)(2)–(3).
The Court will extend Plaintiff’s deadline for responding to BECU’s Counterclaim.
Plaintiff must file a good faith response by February 27, 2026.
III. 	Plaintiff Must Participate in Scheduling a Settlement Conference
At the Court’s February 9, 2026 hearing, the Parties agreed to participate in a
settlement conference (Doc. 22), and the Court referred the matter to Magistrate Judge
Jaqueline M. Rateau for said conference. (Doc. 21.) Plaintiff has not responded to Defense
Counsel or Judge Rateau’s chambers to schedule said settlement conference. Plaintiff must
respond. If Plaintiff has not received these communications, she shall contact Judge
Rateau’s chambers at 520-205-4640.
IV. 	Resources for Self-Represented Litigants
On December 18, 2025, Plaintiff received a Notice to Self-Represented Litigant
with helpful resources for navigating federal court. (Doc. 4.) The Court encourages
Plaintiff to review and utilize the information in these documents, specifically the
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 3 of 11

- 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Handbook for Self-Represented Litigants linked on the fifth page.
To lessen Plaintiff’s burden of traveling to Tucson to file her documents, the Court
will also direct the Clerk of the Court to send Plaintiff a document titled “Motion to Allow
Electronic Filing by a Party Appearing Without an Attorney and Supporting Information.”
If Plaintiff has the requisite capabilities outlined in the document, she may file a motion
with the Court which, if granted, will permit her to electronically file her documents.
V. 	Order
Accordingly,
IT IS ORDERED striking Plaintiff’s Answer to Boeing Employees’ Credit
Union’s Counterclaim against Plaintiff and Amendment to Amount of Damage Claimed
(Doc. 23).
IT IS FURTHER ORDERED extending the deadline for Plaintiff to file a good
faith response to Boeing Employees’ Credit Union’s Counterclaim to February 27, 2026.
IT IS FURTHER ORDERED that Plaintiff must participate in scheduling a
settlement conference with Magistrate Judge Jaqueline M. Rateau.
IT IS FURTHER ORDERED directing the Clerk of the Court to mail plaintiff a
copy of the document titled “Motion to Allow Electronic Filing by a Party Appearing
Without an Attorney and Supporting Information.”
Dated this 20th day of February, 2026.
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 4 of 11

Rev. 2//2025 	1
Name
Address
Telephone
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
vs.
Plaintiff,
Defendant.
)
)
)
) 	Case No.
)
) 	MOTION TO ALLOW
) 	ELECTRONIC FILING
) 	BY A PARTY APPEARING
) 	WITHOUT AN ATTORNEY and
) 	SUPPORTING INFORMATION
)
)
I, 	, declare that I am the Plaintiff/Defendant
representing myself in this action; that I hereby request permission to electronically file and serve
my documents. 	I state that, upon a showing of good cause below, I am able to comply with the
equipment and rule requirements governing electronic filing.
In further support of this application, I answer the following questions:
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 5 of 11

Rev. 2//2025 	2
A. 	Type of personal computer and related software/equipment available for use:
• 	Personal computer running a standard platform such as Windows or Mac OS
• 	Word processor such as Microsoft Word that can export to PDF
• 	Internet access (high speed is recommended)
• 	Web browser (current versions of MS Edge, Google Chrome, Mozilla Firefox or Safari)
• 	PDF conversion software - Adobe Acrobat current version (Standard or Professional) is
recommended
• 	Scanner for paper exhibits or other supporting documents which exist only in paper
• 	Adobe Acrobat Reader or other PDF viewer is needed for viewing e-filed PDF
documents
B. 	Do you have a personal electronic mailbox of sufficient capacity to send and receive
electronic notice of case related transmissions?
Yes 	No
C. 	Are you currently or will you be a subscriber to PACER (Public Access to Court
Electronic Records)?
Yes 	No
D. 	Have you read and become familiar with the District of Arizona's CM/ECF
Administrative Policies and Procedures Manual?
Yes 	No
E. 	Are you able to comply with all the requirements, including the electronic submission of
documents in .pdf, of the District of Arizona's CM/ECF Administrative Policies and
Procedures Manual?
Yes 	No
F. 	Are you able to comply with the privacy policy of the Judicial Conference of the United
States and the E-Government Act of 2002?
Yes 	No
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 6 of 11

Rev. 2//2025 	3
DATED this 	day of 	, 202 	.
Your signature in ink
Your name typed or printed
Address
Telephone Number
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 7 of 11

Rev. 2//2025 	4
PRO SE PARTICIPANT ELECTRONIC CASE FILES REGISTRATION FORM
This form is to be used to register for an account on the District of Arizona’s Electronic Case
Files 	(CM/ECF) 	System. 	Registered 	users 	will 	have 	privileges 	to 	electronically 	submit
documents and to view and retrieve electronic docket sheets and documents as available for cases
assigned 	to 	the 	CM/ECF 	system. 	Filers 	representing 	themselves 	and 	granted 	leave 	to
electronically 	file 	must seek leave to electronically file in each new case. 	The following
information is required for registration:
Personal Information
First Name 	Middle Name
Last Name 	Generation
Address
City 	State 	Zip Code
Telephone Number
Fax Number
You must provide a valid e-mail address:
E-mail address:
E-mail type:
HTML – Recommended for most e-mail clients
Plain text – Recommended for older email clients which cannot process HTML e-mail
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 8 of 11

Rev. 2//2025 	5
By submitting this registration form, the undersigned agrees to abide by the following rules:
This CM/ECF system is for use only in cases designated by the United States District Court for
the District of Arizona in which the pro se party has been granted leave to electronically file. The
CM/ECF system may be used to file and view electronic documents, docket sheets and
notices.
Pursuant to Federal Rule of Civil Procedure 11, every pleading, motion and other paper must be
signed by at least one attorney of record or, if the party is not represented by an attorney, all
papers must be signed by the party. A registered user’s account login and password issued by
PACER combined with the identification, serves as and constitutes the registered user’s signature.
Therefore, a registered user must protect and secure the password issued by PACER. If there is
any reason to suspect the password has been compromised in any way, it is the duty and
responsibility of the registered user to immediately notify PACER.
Each registered user desiring to electronically file documents must complete and sign a Pro Se
Participant Electronic Case Files Registration Form. 	Registering as a user constitutes: (1)
consent to receive notice electronically and waiver of the right to receive notice by first class mail
pursuant to Federal Rule of Civil Procedure 5(b)(2)(D); (2) consent to electronic service and
waiver of the right to service by personal service or first class mail pursuant to Federal Rule of
Civil Procedure 5(b)(2)(D), except with regard to service of a summons and complaint. Waiver
of service and notice by first class mail applies to notice of the entry of an order or judgment.
Notice by electronic means is complete as set forth in the Electronic Case Filing Administrative
Policies and Procedures Manual.
A registered user accesses court case information by the court’s Internet site or through the Public
Access to Court Electronic Records (PACER) Service Center. Although the Clerk’s Office
manages the procedures for electronic filing, all electronic public access to case file documents
occurs through PACER. A PACER login and password is issued by PACER. To register for
PACER, a user must complete the online form or submit a registration form available on the
PACER website http://PACER.psc.uscourts.gov
By this registration the undersigned agrees to abide by all the rules and regulations in the
Electronic Case Filing Administrative Policies and Procedures Manual currently in effect and any
changes or additions that may be made to such administrative procedures in the future.
Date
s/
Participant Signature
Type your full name, prefixed with “s/”, in the field above to acknowledge that you have read and
understand the information in this document.
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 9 of 11

Rev. 2//2025 	6
Plaintiff,
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
)
)
)
)
vs.
Defendant.
) 	CV
)
) 	ORDER
)
)
)
)
)
IT IS ORDERED,
GRANTING the Motion to Allow Electronic Filing by a Party Appearing Without an
Attorney in this case only. 	The party is required to comply with all rules outlined in the
District of Arizona's Case Management/Electronic Case Filing Administrative Policies
and Procedures Manual, have access to the required equipment and software, have a
personal electronic mailbox of sufficient capacity to send and receive electronic notice of
case related transmissions, be able to electronically transmit documents to the court in
.pdf, complete the attached form to register as a user with the Clerk's Office within five (5)
days of the date of this Order, register as a subscriber to PACER (Public Access to
Electronic Records) within five (5) days of the date of this Order and comply with the
privacy policy of the Judicial Conference of the United States and the E-Government Act
of 2002.
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 10 of 11

Rev. 2//2025 	7
Any misuse of the CM/ECF system will result in immediate discontinuation of this
privilege and disabling of the account.
DENYING the Motion to Allow Electronic Filing by a Party Appearing Without an
Attorney
DATED this 	day of 	, 202 	.
United States District/Magistrate Judge
Case 4:25-cv-00707-JCH Document 24 Filed 02/23/26 Page 11 of 11