Bank Of New York Mellon v. Braewood Heritage Association, Inc. et al

Filing 43

ORDER granting ECF No. 42 Motion for Default Judgment against Marian L. Hammond. Plaintiff is directed to submit a proposed order in accordance with this order by 10/8/2018. Signed by Judge Miranda M. Du on 9/28/2018. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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8 THE BANK OF NEY YORK MELLON FK
THE BANK OF NEW YORK, AS TRUSTEE
9 FOR THE CERTIFICATEHOLDERS OF
THE CWALT, INC. ALTERNATIVE LOAN
10 TRUST 2006-33CF, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES
11 2006-33CB,
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Case No. 2:17-cv-00336-MMD-CWH
ORDER

Plaintiff,
v.

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BRAEWOOD HERITAGE ASSOCIATION,
14 INC., NYLA G. CARSON, MARIAN L.
HAMMOND, DOE Individuals I-X, inclusive,
15 and ROE Corporations I-X, inclusive,
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Defendants.

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I.

SUMMARY

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Before the Court is Plaintiff Bank of New York Mellon’s (“Plaintiff”) motion for

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default judgment (“Motion”) against Defendant Marian L. Hammond (“Hammond”). (ECF

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No. 42.) Plaintiff seeks default judgment on its judicial foreclosure claim against

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Hammond. For the reasons discussed herein, the Motion is granted.

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II.

RELEVANT BACKGROUND

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The following facts are taken from the Complaint. (ECF No. 1.)

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On July 27, 2006, Hammond financed the purchase of property located at 3378

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Clandara Avenue in Las Vegas, Nevada (“the Property”) through a loan evidenced by a

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note and deed of trust recorded on August 1, 2006 (“DOT”). The DOT was later assigned

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to Plaintiff.

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The Property is located within the Braewood Heritage Association. Because

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Hammond failed to pay Braewood HOA assessments and other fees owed, Braewood

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ultimately foreclosed on the HOA lien on February 13, 2014. Defendant Nyla G. Carson

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acquired the Property at the foreclosure sale.

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Plaintiff asserts a claim for quiet title/declaratory relief, challenging the

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constitutionality of the state statute governing the HOA foreclosure sale (NRS Ch. 116),

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and other state law claims. The Court has resolved these claims. (ECF No. 28.) Plaintiff

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now seeks default judgment against Hammond as the sole remaining Defendant.

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III.

DISCUSSION

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Plaintiff seeks default judgment against Hammond on its judicial foreclosure claim.

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The Court finds that default judgment is proper. Plaintiff has satisfied the procedural

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requirements for default judgment pursuant to Fed. R. Civ. P. 55(b). The Clerk properly

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entered a default against Hammond pursuant to Fed. R. Civ. P. 55(a) because Hammond

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failed to appear after having been properly served on February 10, 2017. (ECF Nos. 10,

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18.) Plaintiff has also satisfied the factors for obtaining default judgment articulated in

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Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). The Court thus grants Plaintiff’s

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motion for default judgment (ECF No. 42).

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V.

CONCLUSION

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It is therefore ordered that Plaintiff’s motion for default judgment against Marian L.

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Hammond (ECF No. 42) is granted. Plaintiff is directed to submit a proposed order in

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accordance with this order within ten (10) days.

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DATED THIS 28th day of September 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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