Deutsche Bank National Trust Company v. SFR Investments Pool I, LLC, a Nevada limited liability company et al

Filing 72

ORDER granting Cross-Claimant SFR Investments Pool's Motion for Default Judgment (ECF No. 62 ). The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED AND DECLARED that William H. Parker and Cynthia M. Parker have no right, title, or interest in the property located at 1569 Applegrove Way, Las Vegas, Nevada 89110; Parcel No. 140-28-518-050.Signed by Judge Richard F. Boulware, II on 9/30/2020. (Copies have been distributed pursuant to the NEF - BEL)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
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DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR DSLA
MORTGAGE LOAN TRUST MORTGAGE
LOAN PASS-THROUGH CERTIFICATES,
SERIES 2006-AR2,

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Plaintiff,
vs.
SFR INVESTMENTS POOL 1, LLC, a
Nevada Limited Liability Company; and
DAYBREAK GARDENS PROPERTY
OWNERS ASSOCIATION,
Defendants.
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SFR INVESTMENTS POOL 1, LLC,
Counterclaimant/Cross-Claimant,

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vs.
DEUTSCHE BANK NATIONAL TRUST
COMPANY, AS TRUSTEE FOR DSLA
MORTGAGE LOAN TRUST MORTGAGE
LOAN PASS-THROUGH CERTIFICATES,
SERIES 2006-AR2; WILLIAM B.
PARKER, an individual; CYNTHIA M.
PARKER, an individual,
Counter-Defendant/Cross-Defendants.

Case No. 2:16-cv-02735-RFB-EJY
ORDER

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I.

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INTRODUCTION
Before the Court is Cross-Claimant SFR Investments’ Motion for Default Judgement

against William P Parker and Cynthia M. Parker. ECF No. 62. The Parkers have not responded to

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this Motion and have not appeared in this litigation despite having been served. The Clerk of Court
entered a default against the Parkers on May 17, 2019. ECF No. 49.

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II.

DISCUSSION

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The Court finds that a default judgment should issue int his case. The facts as alleged in
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the complaint shall be taken as true, since a default has been entered in this case. Garamendi v.

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Henin, 683 F.3d 1069, 1080 (9th Cir. 2012). In determining whether to grant a motion for a default

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judgment, courts must consider the factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72

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(9th Cir. 1986). The Court has reviewed the record in this case and agrees with the arguments of

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SFR as to the application of the factors to this case. These factors support the issuance of a default
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judgment against the Parkers.

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The Court further finds, pursuant to the Local Rules, that the Parkers have consented to the
granting of the Motion by not responding to the Motion. LR 7-2.

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III.

CONCLUSION

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IT IS ORDERED that Cross-Claimant SFR Investments Pool’s Motion for Default
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Judgment [ECF No. 62] is GRANTED. The Clerk of Court shall enter judgment accordingly.

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IT IS FURTHER ORDERED AND DECLARED that William H. Parker and Cynthia M.

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Parker have no right, title, or interest in the property located at 1569 Applegrove Way, Las Vegas,

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Nevada 89110; Parcel No. 140-28-518-050.

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DATED: September 30, 2020.

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_________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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