Federal Deposit Insurance Corporation v. Golden Key Realty & Mortgage Banker, Inc. et al

Filing 108

ORDER GRANTING JOINT MOTION FOR CONSENT JUDGMENT AND DENYING MOTION FOR DEFAULT JUDGMENT by Judge William Alsup [denying 101 Motion for Default Judgment; granting 107 Motion to Approve Consent Judgment]. (whasec, COURT STAFF) (Filed on 3/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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FEDERAL DEPOSIT INSURANCE
CORPORATION, in its capacity as
receiver for NetBank, FSB,

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No. C 10-04285 WHA

Plaintiff,
v.
GOLDEN KEY REALTY & MORTGAGE
BANKER, INC.; SAMUEL GBILIA,

ORDER GRANTING JOINT
MOTION FOR CONSENT
JUDGMENT AND DENYING
MOTION FOR DEFAULT
JUDGMENT

Defendants.
/

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In this action, Plaintiff FDIC sued defendants Golden Key Realty & Mortgage

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Banker, Inc. and Mr. Samuel Gbilia. Mr. Gbilia is the president and owner of Golden Key.

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The operative complaint is the First Amended Complaint, filed October 10, 2011, in which

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plaintiff asserted claims of negligence and fraud. Defendants did not file an answer.

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On January 16, 2013, plaintiff filed a motion for default judgment against defendants.

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Defendants did not file an opposition.

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A hearing on the motion for default judgment was scheduled for February 28, 2013.

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On the morning of February 28, prior to the hearing, plaintiff filed a joint motion for consent

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judgment signed by plaintiff’s counsel and defendant Mr. Gbilia. Plaintiff’s counsel and

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defendant Mr. Gbilia attended the hearing.

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Parties’ joint motion for consent judgment is GRANTED. Plaintiff’s motion for default
judgment is DENIED AS MOOT. Judgment will be entered in a separate order.

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IT IS SO ORDERED.

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Dated: March 1, 2013.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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