HOME INVESTMENT FUND V LP v. DUNNE
FORECLOSURE PROCEDURAL ORDER AUTHORIZING PLAINTIFF TO SEEK A DEFAULT JUDGMENT ON DOCUMENTARY EVIDENCE - Any motion to proceed on a paper record due by 11/12/2020. By JUDGE NANCY TORRESEN. (mnd)
Case 2:20-cv-00017-NT Document 14 Filed 10/13/20 Page 1 of 2
PageID #: 220
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
HOME INVESTMENT FUND V LP,
) Docket No. 2:20-cv-00017-NT
FORECLOSURE PROCEDURAL ORDER AUTHORIZING PLAINTIFF TO
SEEK A DEFAULT JUDGMENT ON DOCUMENTARY EVIDENCE
Default was entered in this foreclosure case on May 6, 2020. (ECF No. 6.) The
Plaintiff has now filed a motion seeking default judgment. (ECF No. 13.)
Because of the threat to public health and safety presented by public
gatherings during the COVID-19 pandemic, in-court hearings must now be limited to
critical, time-sensitive matters. Accordingly, in order to protect public health and
safety, and to reduce the size of public gatherings and unnecessary travel, it is
ORDERED that the Plaintiff may proceed by submitting documentary evidence to
establish its entitlement to default judgment. See 10A Wright & Miller, Federal
Practice & Procedure § 2688 (2019) (“It is within the court’s discretion to determine
if a hearing is necessary or if sufficient information is available to determine damages
without one.”); 2 Steven S. Gensler, Lumen N. Mulligan, Federal Rules of Civil
Procedure, Rules and Commentary: Rule 55 (2020) (“When a hearing is needed, the
court has discretion to determine the format of the hearing. A live evidentiary hearing
is not always required.”).
Case 2:20-cv-00017-NT Document 14 Filed 10/13/20 Page 2 of 2
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If the Plaintiff desires to proceed with a default judgment on documentary
evidence, the Plaintiff must satisfy the following requirements:
1. File, within 30 days of the date of this Order, a motion requesting that the
Court proceed with default judgment of the foreclosure count on a paper record
and include all affidavits and documentary evidence necessary to establish
entitlement to default judgment.
2. Stipulate that if a foreclosure judgment is granted, it agrees to dismiss all
claims for deficiency judgment.
3. Establish the consent to proceed on the papers, and without a hearing, by all
parties-in-interest who have not been defaulted.
4. Provide evidence on whether the property is currently occupied and, if
unoccupied, when the property was last occupied.
/s/ Nancy Torresen
United States District Judge
Dated this 13th day of October, 2020.
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