Kuc v. BAC Home Loans Servicing LP et al

Filing 20

ORDER Denying Plaintiff's motions 13 for entry of default against MERS, 14 Old Republic National Title Insurance, 15 BAC Home Loans Servicing, and 16 Saxon Mortgage Service. Signed by Judge Frederick J Martone on 4/4/12. (see order for full details)(DMT)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 16 17 ) ) ) Plaintiff, ) ) vs. ) ) BAC Home Loans Servicing LP; Bank of) America, successor in interest to) Countrywide Bank; Saxon Mortgage) Services, Inc.; Old Republic National Title) Insurance Co.; Mortgage Electronic) ) Registration Systems Inc. ("MERS"), ) ) Defendants. ) ) Anthony J. Kuc, Jr., CV 12-08024-PCT-FJM ORDER 18 The court has before it four motions for entry of default and default judgment filed 19 by plaintiff against defendants MERS (doc. 13), Old Republic National Title Insurance (doc. 20 14), BAC Home Loans Servicing (doc. 15), and Saxon Mortgage Services (doc. 16). The 21 motions are not fully briefed. 22 Plaintiff argues that he is entitled to default judgment because defendants have failed 23 to comply with a number of "summons" he has issued, including summons demanding 24 defendants to appear in court and disclose their identities, demands that defense counsel 25 submit proof that they are authorized to represent defendants, and demands that defense 26 counsel provide certified copies of their oaths of office (doc. 18). According to plaintiff, 27 defendants each have 15 to 20 defaults. He asks for entry of default judgment against each 28 1 defendant in the amount of $26,140,108.62. 2 Plaintiff's motions are frivolous. Old Republic removed to this court (doc. 1) and filed 3 a motion to dismiss (doc. 7). It also filed an opposition to plaintiff's motion to remand (doc. 4 12). BAC Home Loans Servicing and MERS filed a joint motion to dismiss along with 5 defendant Bank of America (doc. 6). Plaintiff filed a response to the motions to dismiss (doc. 6 10). These defendants have plainly appeared to defend. Finally, no proof of service has been 7 filed with respect to Saxon Mortgage Service. 8 IT IS ORDERED DENYING plaintiff's motions for entry of default against MERS 9 (doc. 13), Old Republic National Title Insurance (doc. 14), BAC Home Loans Servicing 10 (doc. 15), and Saxon Mortgage Service (doc. 16). 11 Plaintiff is strongly encouraged to seek the advice of a lawyer. If he does not have 12 one, he may wish to contact the Lawyer Referral Service of the Maricopa County Bar 13 Association at 602-257-4434. If plaintiff chooses to continue litigating this action pro se, he 14 is reminded that he must comply with all federal and local rules of civil procedure. See 15 Ghazali v. Moran, 46 F.3d 52, 54 (9th Cir. 1995). Plaintiff is especially directed to review 16 Rule 11, Fed. R. Civ. P., which governs all pleadings, motions, and other papers filed with 17 this court. 18 DATED this 4th day of April, 2012. 19 20 21 22 23 24 25 26 27 28 -2-

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