Milyakov et al v. JP Morgan Chase Bank, N.A. et al

Filing 151

ORDER DENYING MOTION FOR DEFAULT JUDGMENT by Hon. William Alsup denying 141 Motion for Default Judgment.(whalc2, COURT STAFF) (Filed on 4/20/2012) (Additional attachment(s) added on 4/20/2012: # 1 Certificate/Proof of Service) (dt, COURT STAFF).

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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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EMIL P. MILYAKOV and
MAGDALENA A. APOSTOLOVA,
Plaintiffs,

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No. C 11-02066 WHA

ORDER DENYING MOTION
FOR DEFAULT JUDGMENT

v.
JP MORGAN CHASE BANK, N.A,
CALIFORNIA RECONVEYANCE CO., PAUL
FINANCIAL, LLC, MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC, and DOES 1100,
Defendants.
/

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In this foreclosure action, pro se plaintiffs Emil P. Milyakov and Magdalena A.

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Apostolova, move for default judgment against Paul Financial, LLC and Foundation

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Conveyancing, LLC (Dkt. No. 141).

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FRCP 55 requires a two-step process for obtaining default judgment: (1) entry of default

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by the clerk pursuant to Rule 55(a) and (2) entry of judgment by either the clerk or the court

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pursuant to Rule 55(b). Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). On March 15,

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2012, plaintiffs requested that the Clerk of Court enter default against Paul Financial, LLC and

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Foundation Conveyancing, LLC (Dkt. No. 137). On March 19, the Clerk of Court declined to

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enter default as to both. Plaintiffs now move for default judgment against Paul Financial, LLC

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and Foundation Conveyancing, LLC, yet plaintiffs have not obtained entry of default against

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either entity (Dkt. No. 141). Thus, the motion for default judgment is DENIED.

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IT IS SO ORDERED.

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Dated: April 20, 2012.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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