Ritchie v. Amnet Mortgage, Inc. et al

Filing 31

ORDER granting 29 Joint Motion to Moot Plaintiff's Request for Entry of Default and to Set Aside and Vacate the Clerk's Entry of Default as to Defendant OneWest Bank, FSB. Signed by Magistrate Judge Philip R. Lammens on 1/15/2013. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
ALBERT E. RITCHIE,
Plaintiff,
v.

Case No:5:12-CV-333-Oc-10PRL

RESIDENTIAL ASSET
SECURITIZATION TRUST 2006-A10,
DEUTSCHE BANK NATIONAL TRUST
COMPANY, MORTGAGE
ELECTRONIC REGISTRATION
SYSTEMS, INC. (“MERS”); and
ONEWEST BANK, FSB
Defendants.

ORDER
This matter is before the Court on the Joint Motion to Moot Plaintiff’s Request for Entry
of Default and to Set Aside and Vacate the Clerk’s Entry of Default as to Defendant OneWest
Bank, FSB (Doc. 29).
On December 7, 2012, the Clerk entered default against OneWest Bank, FSB. (Doc. 18).
Plaintiff, Albert E. Ritchie and Defendant, OneWest Bank, FSB jointly move the Court to enter
an Order mooting Plaintiff’s Request for Entry of Default (Doc. 17) and setting aside and
vacating the Clerk’s default. Simultaneous with the filing of the instant motion, OneWest Bank,
FSB also filed a notice (Doc. 30) advising of its joinder in and adoption of the motion to dismiss
filed by Defendants Deutsche Bank National Trust Company and Mortgage Electronic
Registration Systems, Inc.

Upon due co
U
onsideration, the Joint Motion (Do 29) is G
,
oc.
GRANTED and the Cl
lerk’s
default entered again OneWes Bank, FSB on Decem
e
nst
st
mber 7, 201 (Doc. 18) is hereby SET
12
ASIDE.1
DONE and ORDERED in Ocala, Flo
D
O
orida on Jan
nuary 14, 201
13.

urnished to:
Copies fu
Counsel of Record
Unrepres
sented Partie
es

1

Because the Court has already ruled on Plaintiff’s motion for entry of default and it is no longe pending, ther is
t
a
o
m
y
d
er
re
nothing for the Court to moot.
r
m

-2-