Singh v. Deutsche Bank National Trust Company et al

Filing 48

ORDER signed by Magistrate Judge Gregory G. Hollows on 8/3/2011 DENYING without prejudice to its renewal on proper service to defendants 45 Motion for Default Judgment. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SASHI L. SINGH,

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Plaintiff,

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CIV. NO. S-10-0836 JAM GGH

vs.
NEW CENTURY MORTGAGE
CORP., et al.,

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ORDER
Defendants.
___________________________/

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Plaintiff’s amended application for default judgment against defendants MFN

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Mortgage and Gregory Lynn Nichols, filed July 1, 2011, (dkt. # 45), presently is scheduled for

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hearing on August 11, 2011. Because plaintiff has continued to fail to serve this defendant with

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the amended application, which was the basis for the court’s previous recommendation that the

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original application be denied, the instant application will also be denied without prejudice. The

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fact that MFN has filed an opposition is of no consequence as Fed. R. Civ. P. 55(b)(2) requires

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advanced written notice of the application notwithstanding actual notice.1

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Plaintiff is also advised that no exhibits were attached to the Stein declaration, and that
they should be attached to a renewed motion.
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Accordingly, IT IS ORDERED that:

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1. The August 11, 2011 hearing on plaintiff’s amended application for default

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judgment is vacated.

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2. Plaintiff’s amended application for default judgment against defendants MFN

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Mortgage and Gregory Lynn Nichols, filed July 1, 2011, (dkt. # 45), is denied without prejudice

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to its renewal on proper service to defendants.

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DATED: August 3, 2011

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076/Singh0836.def2.wpd

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