Carrington Mortgage Services, LLC v. RLP Mercer Valley, LLC et al

Filing 34

ORDER. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff's Motion for Default Judgment 31 be, and the same hereby is, GRANTED.IT IS FURTHER ORDERED, ADJUDGED AND DECREED that Plaintiff shall prepare and file an appropriate judgment for the Court's signature. Signed by Judge James C. Mahan on 1/20/16. (Copies have been distributed pursuant to the NEF - PS)

1
2
3
4

UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7
8

CARRINGTON MORTGAGE SERVICES,
LLC,

ORDER
Plaintiff(s),

9
10
11

v.
RLP MERCER VALLEY, LLC, et al.,
Defendant(s).

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
James C. Mahan
U.S. District Judge

Case No. 2:15-CV-668 JCM (CWH)

or default judgment. (Doc. # 31).
Plaintiff moves the court to enter default judgment against defendant RLP Mercer Valley,
LLC. (Id.). Plaintiff filed an unexecuted summons return with the court, but provided an affidavit
of due diligence. (Doc. # 11). Defendant has not filed an answer to the complaint and the deadline
date for filing an answer has passed. Plaintiff filed a motion
clerk of the court entered default against defendant. (Docs. ## 28, 29).
Default
relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or
R. Civ. P. 55(a). Federal Rule of Civil Procedure 55(b
court may enter a default judgment after the party seeking default applies to the clerk of the court
R. Civ. P. 55(b)(2).
Obtaining a default judgment is a two-step process. Eitel v. McCool, 782 F.2d 1470, 1471
(9th Cir. 1986). First, the party seeking a default judgment must file a motion for entry of default
with the clerk of a district court by demonstrating that the opposing party has failed to answer or
otherwise respond to the complaint, and, second, once the clerk has entered a default, the moving

See UMG

1
2

Recordings, Inc. v. Stewart, 461 F. Supp. 2d 837, 840 (S.D. Ill. 2006).

3

The choice whether to enter a default judgment lies within the discretion of the trial court.

4

Aldabe v. Aldabe, 616 F.3d 1089, 1092 (9th Cir. 1980). In the determination of whether to grant

5

a default judgment, the trial court should consider the seven factors articulated in Eitel v. McCool,

6

782 F.2d 1470, 1471-72 (9th Cir. 1986). These factors are: (1) the possibility of prejudice to

7

plaintiff, (2) the merits of the claims, (3) the sufficiency of the complaint, (4) the amount of money

8

at stake, (5) the possibility of a dispute concerning material facts, (6) whether default was due to

9

excusable neglect, and (7) the policy favoring a decision on the merits. Id. In applying these Eitel

10

factual allegations of the complaint, except those relating to the amount of damages,

11

Geddes v. United Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977); see Fed.

12

R. Civ. P. 8(d).

13

Plaintiff has properly complied with Rule 55. Defendant has not appeared and answered,

14

and plaintiff has provided an affidavit detailing its due diligence to serve the defendant. The

15

deadline date for filing an answer has expired. After considering the Eitel factors, the court finds

16

it appropriate to enter default judgment against the defendant.

17

Accordingly,

18

IT IS HEREBY ORDE

19
20

default judgment (doc. # 31) be, and the same hereby, is GRANTED.
IT IS FURTHER ORDERED, ADJUDGED AND DECRRED that plaintiff shall prepare

21
22
23
24

DATED January 20, 2016.
__________________________________________
UNITED STATES DISTRICT JUDGE

25
26
27
28
James C. Mahan
U.S. District Judge

-2-