PNC Bank, National Association v. Wilson et al

Filing 82

ORDER granting in part and denying in part 68 Motion for Default Judgment; adopting Findings and Recommendations re 78 Findings and Recommendations. IT IS ORDERED that Pla Motion #68 is GRANTEDIN PART and DENIED IN PART. Default judgment is ent ered against Def Karen L. Sell in so fare as (1) Sell defaulted under the terms of the promissory note she signed, and (2) Sell's interests in the Gallatin Property are barred and foreclosed. Signed by Judge Donald W. Molloy on 3/24/2016. (ELL, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION

CV 14-80-BU-DWM-JCL

PNC BANK, NATIONAL
ASSOCIATION,
Plaintiff,

ORDER
vs.

FILED

MICHAEL WILSON and KAREN L.
SELL,

MAR 2 4 2016
Clerk, U.S. District Court
District Of Montana
Missoula

Defendants.

This matter is before the Court on Plaintiff PNC Bank, National
Association's Renewed Rule 55(b) Request to Clerk to Enter Default Judgment of
Karen L. Sell. (Doc. 68.) Magistrate Judge Jeremiah Lynch entered Findings and
Recommendation on March 9, 2016, recommending granting the motion in limited
part. (Doc. 78.) The parties did not file objections.
Where there are no objections, the court is to give the level of consideration
it deems appropriate, Thomas v. Arn, 474 U.S. 140, 150 (1985), and this Court
reviews for clear error. Clear error exists if the court is left with a "definite and
firm conviction that a mistake has been committed." Concrete Pipe & Prods. of
Cal., Inc. v. Constr. Laborers Pension Trust for S. Cal., Inc., 508 U.S. 602, 623

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(1993) (internal quotation marks omitted).
Plaintiffs request seeks multiple declarations and is not for a sum certain;
therefore, default judgment under Federal Rule of Civil Procedure 55(b)(l) is
inappropriate. For purposes of default judgment under Rule 55(b)(2), the Court
has subject matter jurisdiction over this matter, 28 U.S.C. § 1332(a)(l), and
personal jurisdiction over Sell, see Milky Whey, Inc. v. Dairy Partners, LLC, 342
P.3d 13, 17 (Mont. 2015); Mont. R. Civ. P. 4(b)(l)(C). The Court finds no clear
error in the finding that, based on the record of the case, Plaintiff is entitled to
default judgment against Sell in limited part only.
Accordingly, IT IS ORDERED that the Findings and Recommendation
(Doc. 78) is ADOPTED IN FULL.
IT IS FURTHER ORDERED that Plaintiffs motion (Doc. 68) is
GRANTED IN PART and DENIED IN PART. Default judgment is entered
against Defendant Karen L. Sell in so far as (1) Sell defaulted under the terms of
the promissory note she signed, and (2) Sell's interests in the Gallatin Property are
barred and foreclosed.
DATED this

:tf~ of March, 2016.

fj);}JJ) '
Donald W. Molloy, District Judge
United Sta~trict Court
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