POLIMEDA v. DEUTSCHE BANK NATIONAL TRUST COMPANY et al

Filing 12

ORDER denying 6 Motion for Default Judgment ; granting 10 Motion to Vacate Clerk's Entry of Default; that Defendants shall answer or otherwise respond to the Complaint by May 12, 2015. Signed by Judge Madeline C. Arleo on 4/27/15. (DD, )

Download PDF
  UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ___________________________________ : : : Plaintiff, : : v. : : DEUTSCHE BANK NATIONAL : TRUST COMPANY, et al., : : : Defendants. ___________________________________ : JOSEPH POLIMEDA, Civil Action No. 14-7396 ORDER THIS MATTER having come before the Court on the motion of Plaintiff Joseph Polimeda for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) [Dkt. No. 6] and the cross-motion of Defendants Mortgage Electronic Registration System (“MERS”) and One West Bank, FSB (“One West”), to vacate default [Dkt. No. 10]; and it appearing that the entry of default judgment is disfavored, see Animal Sci. Prods., Inc. v. China Nat’l Metals & Minerals Imp. & Exp. Corp., 596 F. Supp. 2d 842, 847 (D.N.J. 2008); and it further appearing that proof of proper service is a prerequisite to this Court’s entry of a default judgment, see Chanel, Inc. v. Gordashevsky, 558 F. Supp. 2d 532, 535 (D.N.J. 2008); and it further appearing that Plaintiff failed to effect proper service of the Complaint on Defendants; and it further     appearing that One West and MERS have demonstrated good cause in support of their motion to vacate the clerk’s entry of default, see Fed. R. Civ. P. 55(c); see also Chamberlain v. Giampapa, 210 F.3d 154, 164 (3d Cir. 2000);1 IT IS on this 27th day of April, 2015, ORDERED that Plaintiff’s motion for default judgment is DENIED; and it is further ORDERED that the cross-motion of Defendants MERS and One West to vacate default is GRANTED; and it is further ORDERED that Defendants shall answer or otherwise respond to the Complaint by May 12, 2015. s/ Madeline Cox Arleo HON. MADELINE COX ARLEO UNITED STATES DISTRICT JUDGE                                                              1 In determining whether to grant a motion for default judgment, the Court considers the following three factors: “(1) prejudice to the plaintiff if default is denied, (2) whether the defendant appears to have a litigable defense, and (3) whether defendant’s delay is due to culpable conduct.” Chamberlain, 210 F.3d at 164. Plaintiff would not be prejudiced in the absence of a default judgment, since there is no indication that Plaintiff would be rendered unable “to try his case on its merits” without entry of default. Toy v. Hayman, No. 07-3076, 2008 WL 5046723, at *3 (D.N.J. Nov. 20, 2008). Moreover, there is no evidence that Defendants’ failure to timely answer or otherwise respond resulted from their own culpable conduct. Rather, the evidence establishes that Defendants were never properly served. Although Defendants have not demonstrated the existence of a meritorious defense, the Court is satisfied that Plaintiff’s motion for default judgment should be denied on the basis of the first and third factors outlined above. 2   

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?