Seghetti et al v. Flagstar Bank FSB et al

Filing 52

MEMORANDUM AND ORDER re: Mortgage Contracting Services to file a motion for clerks entry of default. Signed by Judge Ellen L. Hollander on 10/13/2016. (kw2s, Deputy Clerk)

United States District Court
District Of Maryland
Chambers of
Ellen Lipton Hollander
District Court Judge

101 West Lombard Street
Baltimore, Maryland 21201
410-962-0742

October 13, 2016
MEMORANDUM TO COUNSEL
Re:

Seghetti et al. v. Flagstar Bank FSB et al.
Civil Action No. ELH-16-0519

Dear Counsel:
As you know, on February 23, 2016, Holly and Jack Seghetti filed suit against Flagstar
Bank FSB and Mortgage Contracting Services for alleged “violations of the Common Law of
Maryland, the Maryland Consumer Debt Collection Act (the ‘MCDCA’), and the Maryland
Consumer Protection Act (‘MCPA’).” ECF 1, ¶ 2. On April 28, 2016, plaintiffs submitted an
Amended Complaint. ECF 26.
On August 11, 2016, defendant Mortgage Contracting Services filed a Third-Party
Complaint against Janelle and John’s Lawn and Landscaping Service LLC d/b/a Janelle &
John’s Lawn & Landscape (“Janelle and John’s”). ECF 48. In the Third-Party Complaint,
Mortgage Contracting Services alleges negligence and breach of contract, and seeks
indemnification and contribution. Id. On September 2, 2016, a summons return was executed,
which evidenced service on Janelle and John’s on August 31, 2016. ECF 51.
Pursuant to Fed. R. Civ. P. 12(a)(1)(A)(i), a defendant must respond to a complaint
within 21 days of service of the suit. As of this date, no responsive pleading to the Third-Party
Complaint has been filed by Janelle and John’s. See Docket. Therefore, within seventeen days
of the date of docketing of this Order, Mortgage Contracting Services is directed to file a motion
for clerk’s entry of default as to Janelle and John’s, pursuant to Fed. R. Civ. P. 55(a), or show
cause why such action is not appropriate.
Despite the informal nature of this Memorandum, it is an Order of the Court and the
Clerk is directed to docket it as such.
Very truly yours,
/s/
Ellen Lipton Hollander
United States District Judge