Bank of America, N.A. v. Tierra De Las Palmas Owners Association et al

Filing 62

ORDER accepting and modifying 56 Report and Recommendation; The clerk of court is instructed to strike defendant Absolute Collection Services, LLC's answer (ECF No. 7) and to enter default against defendant Absolute Collection Services, LLC. Signed by Judge Andrew P. Gordon on 7/17/2020. (Copies have been distributed pursuant to the NEF - JM)

Case 2:16-cv-01362-APG-NJK Document 62 Filed 07/17/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

3 BANK OF AMERICA, N.A.,
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5 v.

Plaintiff

Case No.: 2:16-cv-01362-APG-NJK
Order (1) Accepting and Modifying Report
and Recommendation and (2) Directing
Entry of Default Against Defendant
Absolute Collection Services, LLC

6 TIERRA DE LAS PALMAS OWNERS
ASSOCIATION, et al.,
[ECF No. 56]
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Defendants
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On June 26, 2020, Magistrate Judge Koppe recommended that I enter default judgment
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against defendant Absolute Collection Services, LLC because it has failed to comply with orders
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to retain counsel to defend itself in this action. ECF No. 56. Absolute did not file an objection.
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Thus, I am not obligated to conduct a de novo review of the report and recommendation. 28
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U.S.C. § 636(b)(1) (requiring district courts to “make a de novo determination of those portions
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of the report or specified proposed findings to which objection is made”); United States v.
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Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc) (“the district judge must review the
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magistrate judge’s findings and recommendations de novo if objection is made, but not
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otherwise” (emphasis in original)).
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However, I modify Judge Koppe’s recommendation to direct entry of default against
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Absolute, rather than enter default judgment. Plaintiff Bank of America, N.A. seeks damages
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against Absolute and thus far I have no basis to enter a judgment in any amount against
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Absolute. Indeed, the homeowners association has moved for summary judgment on Bank of
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America’s claims against it, which are the same as Bank of America’s claims against Absolute,
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arguing that Bank of America cannot succeed on its claims. See ECF No. 53. Moreover, the
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deadline for Bank of America to seek summary judgment against Absolute has expired without

Case 2:16-cv-01362-APG-NJK Document 62 Filed 07/17/20 Page 2 of 2

1 the Bank having filed a dispositive motion seeking that relief. In sum, entry of default judgment
2 is premature. Consequently, I will direct the clerk of court to strike Absolute’s answer (ECF No.
3 7) and enter default.
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I THEREFORE ORDER that Magistrate Judge Koppe’s report and recommendation

5 (ECF No. 56) is accepted and modified as follows: The clerk of court is instructed to strike
6 defendant Absolute Collection Services, LLC’s answer (ECF No. 7) and to enter default against
7 defendant Absolute Collection Services, LLC.
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DATED this 17th day of July, 2020.

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ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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