BOUNASISSI et al v. PHH MORTGAGE SERVICES, INC.

Filing 13

ORDER denying 11 Motion for Default Judgment; ORDERED that counsel for Plaintiffs shall SHOW CAUSE in writing within fourteen (14) days from entry of this Order why the Complaint should not be dismissed with prejudice for lack of jurisdiction, etc. Signed by Judge Jerome B. Simandle on 6/21/2019. (dmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

FREDERICK BOUNASISSI and
STACEY BOUNASISSI,

HONORABLE JEROME B. SIMANDLE

Plaintiffs,
Civil Action
No. 17-1028 (JBS/KMW)

v.
PHH MORTGAGE SERVICES INC.,

ORDER
Defendant.

This matter having come before the Court by way of Plaintiffs’
motion for default judgment [Docket Item 11]; the Court having
considered Plaintiffs’ submissions; for the reasons explained in
the Memorandum Opinion of today’s date; and for good cause shown;
IT IS this

21st

day of

June

, 2019,

ORDERED that Plaintiffs’ motion for default judgment [Docket
Item 11] shall be, and hereby is, DENIED; and it is further
ORDERED that counsel for Plaintiffs shall SHOW CAUSE in
writing within fourteen (14) days from entry of this Order why the
Complaint should not be dismissed with prejudice for lack of
jurisdiction under the Rooker-Feldman doctrine and/or because
Plaintiffs’ claims are barred by New Jersey’s entire controversy
doctrine; counsel for Plaintiffs shall also show cause within
fourteen (14) days from entry of this Order why the Complaint
should not be dismissed without prejudice for lack of timely

service pursuant to Federal Rule of Civil Procedure 4(m); and it
is further
ORDERED that counsel for Plaintiffs' failure to respond to
this Order to Show Cause will likely result in the dismissal of
Plaintiffs’ Complaint with prejudice, and without any additional
notice; and it is further
ORDERED that Defendant shall have fourteen (14) days after
Plaintiffs’ counsel’s submission to file its response, if any; and
it is further
ORDERED that the Clerk of Court shall mail a copy of this
Memorandum and Order to Defendant at its last known address.

s/ Jerome B. Simandle
JEROME B. SIMANDLE
U.S. District Judge

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