Filed: Apr. 29, 2016
Latest Update: Apr. 29, 2016
Summary: Order Denying Motion for Entry of Default [ECF No. 16] JENNIFER A. DORSEY , District Judge . Plaintiffs Miguel Barraza, Dinora Barraza, and Nana I AM sue U.S. Bank, Clear Recon Corp., PNC Bank, and the Golden Team Keller Williams Realty for a host of claims including fraud, RICO, and conspiracy. 1 The plaintiffs move the Clerk of Court to enter default against Clear Recon Corp., arguing that this defendant was served on March 7, 2016, but has not answered the complaint. 2 Rule 55(a) of
Summary: Order Denying Motion for Entry of Default [ECF No. 16] JENNIFER A. DORSEY , District Judge . Plaintiffs Miguel Barraza, Dinora Barraza, and Nana I AM sue U.S. Bank, Clear Recon Corp., PNC Bank, and the Golden Team Keller Williams Realty for a host of claims including fraud, RICO, and conspiracy. 1 The plaintiffs move the Clerk of Court to enter default against Clear Recon Corp., arguing that this defendant was served on March 7, 2016, but has not answered the complaint. 2 Rule 55(a) of t..
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Order Denying Motion for Entry of Default
[ECF No. 16]
JENNIFER A. DORSEY, District Judge.
Plaintiffs Miguel Barraza, Dinora Barraza, and Nana I AM sue U.S. Bank, Clear Recon Corp., PNC Bank, and the Golden Team Keller Williams Realty for a host of claims including fraud, RICO, and conspiracy.1 The plaintiffs move the Clerk of Court to enter default against Clear Recon Corp., arguing that this defendant was served on March 7, 2016, but has not answered the complaint.2
Rule 55(a) of the Federal Rules of Civil Procedure requires a default to be entered "when a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend."3 Although the plaintiffs are correct that Clear Recon Corp. has not answered, it has otherwise defended itself in this action: it has joined in the banks' motion to dismiss.4
Accordingly, IT IS HEREBY ORDERED that plaintiffs' request for entry of default [ECF No. 16] is DENIED.
