Boyter et al v. Bank of America Corporation et al

Filing 24

ORDER denying 14 Motion for Default Judgment. Signed by Chief Judge Robert J. Conrad, Jr on 8/21/12. (bsw)

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:12-cv-189-RJC-DCK DIANNE B. BOYTER and DIRK E. BERGHMANS, Plaintiff, v. BANK OF AMERICA CORPORATION, BANK OF AMERICA HOME LOANS SERVICING, LP, successors in interest to COUNTRYWIDE FINANCIAL; and JOHN and JANE DOES 1-10, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER Defendants. THIS MATTER comes before the Court on Plaintiffs Dianne Boyter and Dirk Berghmans’s (“Plaintiffs”) Motion for Default Judgment. (Doc. No. 14). Plaintiffs served the defendants on May 4, 2012. (Doc. No. 7). Federal Rule of Civil Procedure 12 requires defendants to file an answer or a motion under Rule 12 within 21 days of service. The defendants filed a motion under rules 12(b)(1), (4), (5), (6), and 9(b) on May 25, 2012. (Doc. No. 12). Defendants timely responded to Plaintiffs’ Complaint and the defendants’ answer is not yet due. FED . R. CIV . P. 12(a)(4). IT IS, THEREFORE, ORDERED that Plaintiffs’ Motion for Default Judgment. (Doc. No. 14), is DENIED. Signed: August 21, 2012

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