Harry et al v. Ocwen Loan Servicing, LLC

Filing 114

Judge F. Dennis Saylor, IV: ORDER entered. Order to Show Cause. Show cause deadline 1/12/2017. (Pezzarossi, Lisa)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
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TIMOTHY C. HARRY and KAREN C.
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HARRY,
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Plaintiffs,
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v.
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AMERICAN BROKERS CONDUIT, et al.,
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Defendants.
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__________________________________________)

Civil Action No.
16-10895-FDS

ORDER TO SHOW CAUSE
SAYLOR, J.
On June 13, 2016, plaintiffs moved to enter default judgment against American Brokers
Conduit and Apex Mortgage Services on the ground that they had failed to appear, plead, or
otherwise defend within the time allowed. Notices of default were issued and mailed to those
defendants on June 28, 2016. However, the notices were returned as undeliverable on July 6,
2016.
On July 8, 2016, plaintiffs moved for entries of default judgment against those same
defendants. However, it is not clear from the record that service upon those defendants was
proper under Fed. R. Civ. P. 4(e). Because default judgment cannot be entered where there has
not been proper service, plaintiffs’ motions for default judgment are DENIED without prejudice.
If plaintiffs wish to continue to seek default judgments against these defendants, they are hereby
ORDERED to show cause in writing within 21 days—that is, on or before January 12, 2017—

why service upon the Massachusetts Secretary of State was proper under Rule 4(e) as to
defendants American Brokers Conduit and Apex Mortgage Services.

So Ordered.
/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: December 22, 2016

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