United States of America v. Weiner et al

Filing 43

ORDER: Plaintiffs shall: (1) file a status report either (a) at the culmination of the proceedings regarding the Bankruptcy Petition or (b) on 05/11/2018, whichever is earlier; and (2) refile any Requests for Defaults Entered by the Clerk in accordance with Fed. R. Civ. P. 55 that include, for each defendant, either (a) a summons returned executed or (b) an affidavit stating who was served, how, where, and when. Signed by Judge William Q. Hayes on 02/09/2018.(ajs)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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UNITED STATES OF AMERICA,

Case No.: 16-cv-1047-WQH-BLM

Plaintiff,

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v.

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ORDER

MARIA WEINER; GREAT
WESTERN BANK; FIRST
COMMUNITY FINANCIAL
SERVICES, INC.; EMC
MORTGAGE CORPORATION;
RESIDENTIAL CREDIT
SOLUTIONS, INC.;
CITIFINANCIAL SERVICING,
LLC; JEFF ALLEN MCCOON,
individually and d/b/a PACIFIC
STATES CREDIT COMPANY;
SHELLPOINT MORTGAGE; and
CARVAL INVESTORS LLC,

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Defendants.

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HAYES, Judge:

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On October 13, 2016 Plaintiff United States of America filed the First Amended

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Complaint (the “FAC”) (ECF No. 20). The FAC is the operative complaint in this matter.

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The FAC names nine defendants: Maria Weiner; Great Western Bank; First Community

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Financial Services, Inc.; EMC Mortgage Corporation; Residential Credit Solutions, Inc.;

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Citifinancial Servicing, LLC; Jeff Allen McCoon; Shellpoint Mortgage; and Carval

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Investors LLC. Id.
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16-cv-1047-WQH-BLM

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On November 16, 2016, Plaintiff filed a Motion for Entry of Default Against

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Defendant Jeff Allen McCoon (ECF No. 23). On December 2, 2016, Plaintiff filed a

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Motion for Entry of Default Against Defendants Great Western Bank; EMC Mortgage

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Corporation; Residential Credit Solutions, Inc.; and Citifinancial Servicing, LLC (ECF No.

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25). On February 23, 2017, the Court entered an Order construing Defendants’ Motions

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for Entry of Default as requests for defaults entered by the Clerk. (ECF No. 28). The

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docket reflects that the Clerk declined to enter a default for any Defendant.

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On September 29, 2017, Plaintiff and Defendant Maria Weiner filed Notifications

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of Bankruptcy stating that Defendant Maria Weiner filed a petition for bankruptcy (the

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“Bankruptcy Petition”) on September 28, 2017. (ECF Nos. 38 and 39). On February 2,

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2018, Plaintiff filed a Status Report stating that “when Ms. Weiner filed a Chapter 13

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bankruptcy petition . . . [t]hat petition automatically stayed this proceeding.” (ECF No. 41

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at 3).

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IT IS HEREBY ORDERED that Plaintiffs shall:
(1) file a status report either (a) at the culmination of the proceedings regarding the
Bankruptcy Petition or (b) on May 11, 2018, whichever is earlier; and

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(2) refile any Requests for Defaults Entered by the Clerk in accordance with Fed. R. Civ.

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P. 55 that include, for each defendant, either (a) a summons returned executed or (b) an

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affidavit stating who was served, how, where, and when.

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Dated: February 9, 2018

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16-cv-1047-WQH-BLM