Federal National Mortgage Association v. Home et al

Filing 46

ORDER denying as moot 44 Fannie Mae's Motion for Entry of Default. Defendants shall have until 9/9/11 to respond to the motion for final judgment and permanent injunction 44 . Signed by Judge David G Campbell on 8/25/11.(TLJ)

Download PDF
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Federal National Mortgage Association, Plaintiff, 10 11 12 No. CV-11-1227-PHX-DGC ORDER vs. Marshall Home; and Independent Rights Party, 13 Defendants. 14 15 Plaintiff Federal National Mortgage Association (“Fannie Mae”) claims that 16 Marshall Home, founder of the Independent Rights Party (“IRP”), has fraudulently 17 executed and recorded special warranty deeds which purport to transfer to IRP the titles 18 to multiple properties owned by Fannie Mae. Doc. 1. In an order dated July 1, 2011 19 (Doc. 38), the Court granted Fannie Mae’s motion for preliminary injunctive relief and 20 denied Mr. Home’s pro se motion to dismiss.1 21 Defendants have failed to answer or otherwise respond to the complaint as 22 required by the Federal Rules of Civil Procedure. Fannie Mae has filed a motion for the 23 entry of default, final judgment, and permanent injunction. Doc. 44. The Clerk has 24 entered Defendants’ default pursuant to Rule 55(a). Doc. 45. The motion will be denied 25 26 27 28 1 Mr. Home purported to file the motion to dismiss on behalf of himself and Defendant IRP, but only licensed attorneys may represent corporations and other entities in federal court. See Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 201-202 (1993) (citing Osborn v. President of Bank of U.S., 9 Wheat. 738, 829, 6 L.Ed. 204 (1824)). 1 as moot in this regard. See Doc. 44 at 1-2. 2 With respect to the request for a default judgment pursuant to Rule 55(b) and 3 Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) (Doc. 44 at 2-12), Defendants have failed 4 to file a response and the time for doing so has expired. Defendants shall have until 5 September 9, 2011 to respond to the motion for final judgment and permanent 6 injunction. As noted above, Defendant IRP may file a response only through licensed 7 counsel. 8 IT IS ORDERED: 9 1. Fannie Mae’s motion for entry of default (Doc. 44 at 1-2) is denied as 2. Defendants shall have until September 9, 2011 to respond to the motion 10 11 moot. 12 for final judgment and permanent injunction (Doc. 44 at 2-12). No further extensions 13 will be granted absent truly extraordinary circumstances. 14 Dated this 25th day of August, 2011. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?