Cammareri v Bank of America et al.,

Filing 28

ORDER denying 22 Motion for Entry of Clerks Default. Signed by Judge Kent J. Dawson on 6/5/12. (Copies have been distributed pursuant to the NEF - ECS)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ADRIENNE CAMMARERI,
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Plaintiff,

Case No. 2:11-CV-01501-KJD-PAL

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v.

ORDER

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BANK OF AMERICA, et al.,
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Defendants.
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Before the Court is Plaintiff Adrienne Cammareri’s Motion for Entry of Default (#22).
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Defendants Bank of America and Countrywide (“BOA Defendants”) have filed an objection (#24).
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Plaintiff filed her Motion for Entry of Default on January 18, 2012, claiming that the BOA
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Defendants had failed to answer or appear. However, on January 12, 2012, the BOA Defendants
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filed a Joinder (#19) to Defendant MTC’s Motion to Dismiss. Fed. R. Civ. P. 55(a) provides for
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entry of default when a plaintiff demonstrates failure to plead or otherwise defend. At the time
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Plaintiff filed her Motion for Entry of Default, the BOA Defendants had already filed their joinder to
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the pending Motion to Dismiss this action. Accordingly, entry of default against the BOA
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Defendants is inappropriate.
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IT IS HEREBY ORDERED that Motion for Default (#22) is DENIED.
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DATED this 5th day of June 2012.

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_____________________________
Kent J. Dawson
United States District Judge