Galvan v. Nationstar Mortgage

Filing 45

ORDER denying Plaintiff's 39 request for clerk's entry of default. Signed by Magistrate Judge William G. Cobb on 01/02/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GLENN GALVAN,

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Plaintiff,
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vs.
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NATIONSTAR MORTGAGE, et al.,
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Defendants.
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______________________________________)

3:13-cv-00234-MMD-WGC
ORDER
re: Plaintiff’s “Default”
Doc. # 39

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Before the court is Plaintiff Galvan’s “Default.” (Doc. # 39.)1 Plaintiff seeks an entry of Default

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as against Defendants Quality Loan Services and McCarthy & Holthus for “fail[ing] to plead or

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otherwise defend” this action. (Id.) However, the docket reflects that on July 16, 2013, these Defendants

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filed a Joinder in the Motion to Dismiss of Defendant Nationstar Mortgage, LLC. Thus, it is apparent

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that the Defendants against whom Plaintiff seeks a clerk’s entry of default have evidenced an intention

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to plead and defend this action.

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Also, although it was filed the day after Plaintiff’s “Default,” Defendants have also filed an

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answer. (Doc. # 43.) While not an answer in the traditional sense (because it merely references the

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Defendants’ joinder in the motion to dismiss), it nevertheless further evidences an intent by Defendants

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to defend this action. Peters v. Astra Zeneca LP, 224 Fed. Appx. 503, 506 (7th Cir. 2007).

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The concept of appearing and defending is broadly construed. City of New York v. Mickalis

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Pawn Shop, LLC, 645 F.3d 114, 129-30 (2nd Cir. 2011). Defaults are disfavored and doubts are to be

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resolved in the purportedly defaulting party’s favor. Pacific M. Int’l Corp. v. Raman Int’l Gems, Ltd.,

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Refers to court’s docket number.

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888 F.Supp.2d 385, 393 (S.D. N.Y. 2012).
Therefore, Plaintiff’s request for clerk’s entry of default against Defendants Quality Loan

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Services and McCarthy & Holthus (Doc. # 39) is DENIED.

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IT IS SO ORDERED.

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DATED: January 2, 2014

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_____________________________________
WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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