United States of America v. Weiner et al
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)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Case No.: 16-cv-1047-WQH-BLM
MARIA WEINER; GREAT
WESTERN BANK; FIRST
SERVICES, INC.; EMC
LLC; JEFF ALLEN MCCOON,
individually and d/b/a PACIFIC
STATES CREDIT COMPANY;
SHELLPOINT MORTGAGE; and
CARVAL INVESTORS LLC,
On October 13, 2016 Plaintiff United States of America filed the First Amended
Complaint (the “FAC”) (ECF No. 20). The FAC is the operative complaint in this matter.
The FAC names nine defendants: Maria Weiner; Great Western Bank; First Community
Financial Services, Inc.; EMC Mortgage Corporation; Residential Credit Solutions, Inc.;
Citifinancial Servicing, LLC; Jeff Allen McCoon; Shellpoint Mortgage; and Carval
Investors LLC. Id.
On November 16, 2016, Plaintiff filed a Motion for Entry of Default Against
Defendant Jeff Allen McCoon (ECF No. 23). On December 2, 2016, Plaintiff filed a
Motion for Entry of Default Against Defendants Great Western Bank; EMC Mortgage
Corporation; Residential Credit Solutions, Inc.; and Citifinancial Servicing, LLC (ECF No.
25). On February 23, 2017, the Court entered an Order construing Defendants’ Motions
for Entry of Default as requests for defaults entered by the Clerk. (ECF No. 28). The
docket reflects that the Clerk declined to enter a default for any Defendant.
On September 29, 2017, Plaintiff and Defendant Maria Weiner filed Notifications
of Bankruptcy stating that Defendant Maria Weiner filed a petition for bankruptcy (the
“Bankruptcy Petition”) on September 28, 2017. (ECF Nos. 38 and 39). On February 2,
2018, Plaintiff filed a Status Report stating that “when Ms. Weiner filed a Chapter 13
bankruptcy petition . . . [t]hat petition automatically stayed this proceeding.” (ECF No. 41
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
(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.
Dated: February 9, 2018
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