Carlson, Trustee of Entrust Retirement Trust, XV v. Vallerga et al

Filing 25

ORDER Plaintiff's motion for default judgment (ECF No. 24 ) is granted. The proposed decree will be issued. (Decree attached hereto.) The Clerk is directed to enter judgment in accordance with this order and close this case. Signed by Judge Miranda M. Du on 10/10/2018. (Attachments: # 1 Decree Quieting Title)(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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***

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DWIGHT CARLSON, TRUSTEE OF
ENTRUST RETIREMENT TRUST, XV,

Case No. 3:17-cv-00069-MMD-WGC
ORDER

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Plaintiff,
v.

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MICHAEL BERNARD VALLERGA, et al.,
Defendants.

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This case involves a claim to quiet title to real property that Plaintiff acquired

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pursuant to a homeowner’s association lien foreclosure sale. (ECF No. 1-2 at 5–9.)

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Before the Court is Plaintiff’s motion for default judgment seeking entry of judgment to

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quiet title to Plaintiff. (ECF No. 24.) The Court finds that default judgment is proper.

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Plaintiff has satisfied the procedural requirements for default judgment pursuant to Fed.

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R. Civ. P. 55(b). The Clerk properly entered a default against Defendant pursuant to

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Fed. R. Civ. P. 55(a) because the defaulting defendants failed to appear after having

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been properly served. (ECF No. 22.) Plaintiff has also satisfied the factors for obtaining

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default judgment articulated in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th Cir. 1986).

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Accordingly, the Court will grant Plaintiff’s motion.

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It is therefore ordered that Plaintiff’s motion for default judgment (ECF No. 24) is

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granted. The proposed decree, attached as exhibit 2 to Plaintiff’s motion (ECF No. 24 at

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16–17) will be issued.

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The Clerk is directed to enter judgment in accordance with this order and close
this case.
DATED THIS 10th day of October 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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