Rebecca L. Bond v. Onewest Bank FSB et al

Filing 12

ORDER DENYING PLAINTIFFS MOTION FOR DEFAULT JUDGMENT 11 . Moreover, Defendants have responded to the Complaint, and are therefore not in default by Judge Otis D. Wright, II . (lc) Modified on 12/23/2015 (lc).

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O 1 2 3 4 5 6 7 United States District Court Central District of California 8 9 10 11 REBECCA L. BOND, Case № 2:15-cv-8701-ODW (ASx) Plaintiff, 12 v. 13 ORDER DENYING PLAINTIFF’S 14 ONEWEST BANK FSB; OCWEN LOAN MOTION FOR DEFAULT 15 SERVICING, JUDGMENT [11] Defendants. 16 17 On December 14, 2015, Plaintiff Rebecca L. Bond moved to enter a default 18 judgment against Defendants OneWest Bank FSB and Ocwen Loan Serving. 19 However, Plaintiff did not previously request an entry of default against these 20 Defendants. An entry of default must precede a grant of default judgment. Johnson v. 21 Dayton Elec. Mfg. Co., 140 F.3d 781, 783 (8th Cir. 1998). Moreover, Defendants 22 have responded to the Complaint, and are therefore not in default. (ECF No. 8.) 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// As a result, the Court DENIES Plaintiff’s Motion for Default Judgment.1 (ECF 1 2 No. 11.) 3 IT IS SO ORDERED. 4 December 23, 2015 5 6 ____________________________________ OTIS D. WRIGHT, II UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 After considering the papers filed in support of and in opposition to the Motion, the Court deems the matter appropriate for decision without oral argument. Fed. R. Civ. P. 78; L.R. 7-15. 2

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