Coleman v. American Home Mortgage Servicing, Inc. et al

Filing 21

ORDER Granting 18 Motion to Strike 15 Motion for Entry of Clerks Default. Signed by Judge Gloria M. Navarro on 6/28/11. (Copies have been distributed pursuant to the NEF - ASB)

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UNITED STATES DISTRICT COURT 1 DISTRICT OF NEVADA 2 3 ANTHONY COLEMAN, 4 Plaintiff, vs. 5 6 7 ) ) ) ) ) ) ) ) ) ) AMERICAN HOME MORTGAGE SERVICING, INC. et al., Defendants. 8 Case No.: 2:11-cv-00178-GMN-LRL ORDER 9 Before the Court is Defendants American Home Mortgage Servicing, Inc. (“AHMSI”), 10 11 Power Default Services, Inc. (“Power Default”), and Mortgage Electronic Registration 12 Systems’ (“MERS”) Motion to Strike Plaintiff’s Motion for Default Judgment (ECF No. 18). Plaintiff requested that this Court enter a default judgment against Defendants AHMSI, 13 14 Power Default, MERS and American Home Mortgage Acceptance Inc.1 because these 15 Defendants did not serve and Answer or Motion upon the Plaintiff or Plaintiff’s attorney on or 16 before June 10, 2011. (ECF No. 15). Defendants filed a Motion to Dismiss Plaintiff’s 17 Complaint on June 9, 2011. (ECF No. 8). 18 Rule 12(b) motions to dismiss must be filed before a responsive pleading and in effect 19 toll the time to file an answer until the court has ruled on the pending motion. Fed. R. Civ. P. 20 12(a) & (b). So long as the Rule 12(b) motion is served before the expiration of the 21 days 21 required by Rule 12(a) to serve an answer or motion there is no defect. Service of a 12(b) 22 motion can be done by mailing it to a person’s last known address, in which event service is 23 complete upon mailing. Fed. R. Civ. P. 5(b)(2)(C). Defendants have attached a certificate of 24 25 1 The case is currently stayed against Defendant American Home Mortgage Acceptance Inc. because this defendant has filed for bankruptcy. (ECF No. 14). Page 1 of 2 1 service to their Motion to Dismiss showing that they mailed the motion to Plaintiff at his last 2 known address. Accordingly, Defendants have complied with the requirements of Rule 12(a). 3 IT IS HEREBY ORDERED that Defendants American Home Mortgage Servicing, Inc., 4 Power Default Services, Inc., and Mortgage Electronic Registration Systems’ Motion to Strike 5 Plaintiff’s Motion for Default Judgment (ECF No. 18) is GRANTED. 6 7 8 Plaintiff Anthony Coleman’s Motion for Entry of Default Judgment (ECF No. 15) is HEREBY STRIKEN. DATED this 28th day of June, 2011. 9 10 11 ________________________________ Gloria M. Navarro United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 of 2

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