Nelson LAC v. Nationstar Mortgage LLC

Filing 46

ORDER signed by Magistrate Judge Allison Claire on 1/13/2016 ORDERING that Plaintiff's 32 Motion for Default Judgment is DENIED without prejudice. Defendant shall file a motion to set aside the entry of default within 28 days. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NELSON LAC,

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Plaintiff,

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No. 2:15-cv-0523 KJM AC (TEMP)

v.

ORDER

NATIONSTAR MORTGAGE LLC,
DOES 1-10,

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Defendant.

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On January 13, 2016, this matter came before the undersigned for hearing of plaintiff’s

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motion for default judgment. There was, however, no appearance by or on behalf of the plaintiff.

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Attorney Chis Chapman did appear telephonically on behalf of the defendant. Mr. Chapman

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stated that the defendant intends to file a motion to set aside the entry of defendant’s default.1
Accordingly, upon consideration of the arguments on file and at the hearing, and for the

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reasons set forth on the record at the hearing and above, IT IS HEREBY ORDERED that:
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without prejudice to renewal; and

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Plaintiff’s November 18, 2015 motion for default judgment (ECF No. 32) is denied

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Mr. Chapman also appeared on behalf of the defendant at a November 30, 2015 settlement
conference subsequent to the filing of plaintiff’s motion for default judgment. (ECF No. 37.)
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2. Defendant shall file a motion to set aside the entry of default judgment within 28 days
of the date of this order.
DATED: January 13, 2016

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