Hernandez v. Saxon Mortgage Services et al

Filing 64

ORDER Denying 55 Plaintiff's Motion for Entry of Clerks Default. Signed by Judge James C. Mahan on 03/13/2014. (Copies have been distributed pursuant to the NEF - AC)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
9
10
11
12

2:13-CV-323 JCM (NJK)

PERLA HERNANDEZ,
Plaintiff(s),
v.
SAXON MORTGAGE SERVICES, et
al.,

13

Defendant(s).

14
15

ORDER

16

Presently before the court is pro se plaintiff Perla Hernandez’s amended motion for entry of

17

clerk’s default. (Doc. # 55). Plaintiff seeks default against defendants Saxon Mortgage Services,

18

Ocwen Loan Services, Quality Loan Servicing Corp., Novastar Mortgage Inc., Bank of New York

19

Mellon, and “JP Mortgage Chase Bank, N.A.”1

20

This is essentially the same motion that the court has already denied. (See doc. # 58).

21

Plaintiff represents that each defendant has been properly served but all have failed to respond or

22

otherwise defend. This is not true. To the contrary, each defendant was dismissed from the action

23

on July 1, 2013, when the court granted defendants’ motion to dismiss. (Doc. # 36). Plaintiff is not

24

entitled to a default judgment against these parties, and her motion is denied.

25

...

26
27
28
James C. Mahan
U.S. District Judge

1

“JP Mortgage Chase Bank, N.A.” is not a defendant in this action. The court assumes plaintiff intended to
seek default against J.P. Morgan Chase, as predecessor in interest to Bank of New York Mellon.

1

Accordingly,

2

IT IS HEREBY ORDERED, ADJUDGED, and DECREED that plaintiff’s motion for entry

3
4

of clerk’s default (doc. # 55) be, and the same hereby is, DENIED.
DATED March 13, 2014.

5
6
UNITED STATES DISTRICT JUDGE
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

-2-