Satriano v. Countrywide Home Loans, Inc.

Filing 40

ORDER by Magistrate Judge Kristen L. Mix on 5/4/15.Joint Motion to Amend Default Judgment and Judgment # 39 is GRANTED in part and DENIED as moot in part.(lgale, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 14-cv-02216-KLM
ELIZABETH D. SATRIANO,
Plaintiff,
v.
COUNTRYWIDE HOME LOANS, INC., a New York corporation, and all unknown persons
who claim any interest in the subject matter of this action,
Defendant.
_____________________________________________________________________
ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on the parties’ Joint Motion to Amend Default
Judgment and Judgment [#39]1 (the “Motion”). The parties seek three amendments to
the Default Judgment [#35] and Judgment [#37] entered by the Clerk of Court.
IT IS HEREBY ORDERED that the Motion [#39] is GRANTED in part and DENIED
as moot in part.2
The Motion [#39] is granted to the extent that the Clerk of Court is directed to
amend the Default Judgment [#35] in accordance with the language offered by the parties
in the last two paragraphs of the Proposed Amended Default Judgment [#39-2], specifically:

1

“[#39]” is an example of the convention the Court uses to identify the docket number
assigned to a specific paper by the Court’s case management and electronic case filing system
(CM/ECF). This convention is used throughout this Order.
2

The case has been referred to the undersigned for all purposes [#21] pursuant to the
Courts Pilot Program and 28 U.S.C. § 636(c), upon consent of the parties [#17].

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FURTHER ORDERED that the Default Judgment [#35] is amended to reflect
that after default is entered, default judgment shall be entered in favor of
Plaintiff and against Unknown Persons except such right, title, or interest any
Unknown Persons may have under that certain deed of trust given by Plaintiff
for the benefit of MERS, as nominee for American Sterling Bank, which Deed
of Trust was recorded in the real property records for Denver County,
Colorado on January 1, 2008 at reception number 2008000735 (the “Current
Deed of Trust”), which shall remain in full force and effect. Fed R. Civ. P.
55(b)(2). It is
FURTHER ORDERED that upon entry of this default judgment, any and all
interests Unknown Persons have in the Subject Property shall be
extinguished except such right, title, or interest any Unknown Persons may
have under the Current Deed of Trust.
The Motion [#39] is further granted to the extent that the Clerk of Court is directed
to amend the Amended Judgment [#38] to refer to the Amended Default Judgment once
docketed.
The Motion [#39] is denied as moot to the extent that the parties request the Clerk
of Court to amend it to reflect that Plaintiff is awarded her costs in this action. The Clerk
of Court has independently made that correction already. See Amended Judgment [#38].

Dated: May 4, 2015

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