Sanchez v. Indymac Bank, FSB, et al.

Filing 85

ORDER signed by Judge Morrison C. England, Jr on 7/15/11 ORDERING Plaintiff to file a Request to Enter Default Judgment within 10 days of this Order being electronically filed. Plaintiff's failure to file the appropriate documents will result i n terminating sanctions, without further notice to the parties, for failure to comply with 82 Hearing. Plaintiffs counsels 83 Declaration and 84 Exhibits are insufficient, and does not satisfy the Courts requirement that Plaintiff file a timely Request for an Entry of Default. (Meuleman, A)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 DONALD SANCHEZ, 11 12 13 Plaintiff, v. ORDER INDYMAC, FSB et al., 14 Defendants. 15 16 No. 2:09-cv-01186-MCE-KJN ----oo0oo---Plaintiff seeks redress from Defendants regarding loan 17 transactions and a proposed foreclosure action on Plaintiff’s 18 property. 19 an Order to Show Cause for failure to file a timely Joint Status 20 Report. 21 Request for an Entry of Default Judgment on or before June 6, 2011. 22 On May 5, 2011, Plaintiff appeared before this Court for At the hearing, the Court ordered Plaintiff to file a Plaintiff did not do so. However on June 10, 2011, 23 Plaintiff’s counsel filed a declaration with the Court explaining 24 his client’s damages (ECF No. 83). 25 accompany the required Request for an Entry of Default. 26 Plaintiff’s counsel’s declaration is insufficient, and does not 27 satisfy the Court’s requirement that Plaintiff file a timely 28 Request for an Entry of Default. 1 The declaration did not 1 Therefore, Plaintiff’s Declaration and accompanying exhibits 2 (ECF Nos. 83 and 84) are rejected. 3 Request to Enter Default Judgment within ten (10) days of this 4 Order being electronically filed. 5 appropriate documents will result in terminating sanctions, without 6 further notice to the parties, for failure to comply with the 7 Court’s previous Order of May 5, 2011. 8 9 Plaintiff is ordered to file a Plaintiff’s failure to file the IT IS SO ORDERED. Date: July 15, 2011 10 11 __________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE 12 13 14 15 DEAC_Signature-END: 16 17 c4d6b0d3 18 19 20 21 22 23 24 25 26 27 28 2

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