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