Deutsche Bank National Trust Company v. Ahluwalia et al

Filing 35

DEFAULT JUDGMENT in favor of Deutsche Bank National Trust Company and OneWest Bank FSB against Dheeraj Ahluwalia. Signed by District Judge Frank D. Whitney on 5/14/2013. (eef)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL ACTION NO.: 3:12-CV-00237
DEUTSCHE BANK NATIONAL TRUST
COMPANY, as Trustee of the IndyMac INDX
Mortgage Loan Trust 2006-AR19, Mortgage
Passthrough Certificates Series 2006-AR19,
under the Pooling and Servicing Agreement
dated June 1, 2006, and ONEWEST BANK
FSB,
Plaintiffs,

ORDER GRANTING DEFAULT
JUDGMENT AGAINST DHEERAJ
AHLUWALIA

v.
DHEERAJ AHLUWALIA, JOSE
LEONARDO JIMENEZ, and JANE DOE (any
spouse of Jose Leonardo Jimenez),
Defendants.

THIS MATTER is before the Court upon Plaintiffs Deutsche Bank National Trust
Company, as Trustee of the IndyMac INDX Mortgage Loan Trust 2006-AR19, Mortgage
Passthrough Certificates Series 2006-AR19, under the Pooling and Servicing Agreement dated
June 1, 2006, and OneWest Bank FSB (“Plaintiffs”) Motion for Default Judgment (Doc. No. 33)
pursuant to Rule 55(b)(1) of the Federal Rules of Civil Procedure against Defendant Dheeraj
Ahluwalia (“Ahluwalia”).
It appearing to the Court that the Summons and Complaint were served upon Ahluwalia,
and that Ahluwalia failed to answer or otherwise respond to the Complaint. Based on the
Complaint and Affidavits submitted in support of the Motion for Default Judgment, and because
the remaining parties in this matter have settled all claims among them and filed a Stipulation of
Dismissal (Doc. No. 34), the Court finds that Plaintiffs hold the debt as alleged and are entitled
to judgment as a matter of law.

IT IS THEREFORE ORDERED that Plaintiffs’ Motion for Default Judgment (Doc. No.
33) is GRANTED, and Plaintiffs are entitled to judgment against Ahluwalia as follows:
1.

The principal amount of $109,513.08, plus accrued interest in the amount of

$18,942.16 as of May 10, 2013, plus $9.00 per diem thereafter, plus recoverable advances,
escrow fees, and other recoverable fees in the amount of $23,547.49, for a total of
$152,002.73;
2.

Statutory and contractual attorneys’ fees in the total amount of $21,028.79

pursuant to North Carolina General Statutes § 6-21.2 (representing 15% of the amount due
as of filing of the Complaint); and
3.

Post-judgment interest at the legal rate of eight percent (8%) per year on the

judgment.
In light of this Order and the Stipulation of Dismissal filed by the remaining parties (Doc.
No. 34), the CLERK is respectfully directed to CLOSE THIS CASE.
IT IS SO ORDERED.
Signed: May 14, 2013

2