ALLISON CLAIRE, Magistrate Judge.
This case is before the undersigned pursuant to Local Rule 302(c)(21). Currently pending before the court are plaintiff's motions for reconsideration, ECF No. 36, and default judgment, ECF No. 37. Defendants ReconTrust Company, N.A., Bank of America, N.A. ("BANA"), MERSCORP Holdings, Inc., Mortgage Electronic Registration Systems, Inc., Landsafe Title, Inc., Ninoush Samimi, Elizabeth Lopez, Diane Bolton, Susan R. Hardison, Michelle I. Miller, Ann G. Montealegre, Ramon Olivas, and Ahmad Afzal's (collectively "Recon Defendants") ex parte motion for an extension of time is also pending. ECF No. 34. Finally, defendant Landsafe Default, Inc. ("Landsafe Default") has filed a motion to dismiss. ECF No. 35.
Plaintiff filed his complaint in the Northern District of California on April 8, 2015, alleging RICO violations based on the alleged wrongful foreclosure of properties located at the following addresses:
ECF No. 1. The court scheduled plaintiff's case management conference for August 4, 2015, but on the day of the conference no party, including plaintiff, appeared. ECF Nos. 2, 4. In addition, plaintiff had yet to submit proof of service of any defendant at that time. Accordingly, on August 5, 2015, the court issued an order to show cause why the matter should not be dismissed for failure to prosecute. ECF No. 5.
On August 21, 2015, plaintiff filed a first amended complaint, terminating a number of defendants from the matter and adding others. ECF No. 12. On August 26, 2015, plaintiff filed a response to the court's order to show cause, claiming that he had failed to serve defendants and attend the scheduling conference due to illness. ECF No. 15. On the same day, plaintiff filed summons returned executed for defendants Recontrust Company, N.A., Landsafe Title Inc., Landsafe Default, BANA, Ninoush Samimi, Elizabeth Lopez, Susan R. Hardison, Ann G. Montealegre, Michelle I. Miller, Ramon Olivas, Diane Bolton, and Ahmad Afzal. ECF Nos. 17-28. On August 27, 2015, the court discharged its first order to show cause, and issued a second order to show cause why the case should not be transferred to the Eastern District of California. ECF No. 16. The order noted that 29 U.S.C. § 1391 situates venue in the district where "a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated."
On September 4, 2015, plaintiff filed a response to the court's order to show cause, asserting that venue is proper in the Northern District because that is where plaintiff resides. ECF No. 29. Plaintiff's response also repeated his claim that a substantial portion of the events at issue occurred in the Northern District.
On September 14, 2015, the Recon Defendants filed an ex parte motion seeking an extension of time to file a responsive pleading or motion. ECF No. 34. In the absence of an extension, defendants' responses were due on September 14, 2014.
On September 18, 2015, the court ordered this matter transferred from the Fresno Division courthouse to the Sacramento Division. ECF No. 38. The court's order reasoned that the Sacramento Division is the more convenient courthouse both because a majority of the properties listed by plaintiff are located in the Sacramento Division and because plaintiff resides in the Sacramento Division.
The court finds that the Recon Defendants have asserted good cause for the granting of an extension to file a responsive motion or pleading. Accordingly, the court will grant the Recon Defendants' request for a 30-day extension, making their responsive motion or pleading due by October 14, 2015.
The court will deny plaintiff's motion for reconsideration because he has not shown that venue in the Eastern District of California is improper. Plaintiff's motion requests that the court undo the Northern District of California's transfer of this matter to the Eastern District. Plaintiff's motion, however, does not raise any argument not already addressed by the Northern District of California District Court. In fact, the only relevant argument plaintiff makes regarding venue is that venue is proper in the San Jose Division of the Northern District of California because plaintiff resides in San Jose. This argument does not; however, establish that venue is proper in the Northern District. Assuming plaintiff does, in fact, reside in San Jose, venue is still proper in the Sacramento Division of the Eastern District of California because a substantial portion of the property at issue is located here.
The court will deny plaintiff's motion for default judgment because it is without merit. Plaintiff argues that defendants failed to file a timely responsive motion or pleading and requests that the court enter a default judgment against them. As an initial matter, Federal Rule of Civil Procedure 55(b)(2) provides for a court ordered default judgment after an entry of default under Federal Rule of Civil Procedure 55(a).
Alternatively, even if plaintiff's motion was proper, the court would deny it on the merits. First, plaintiff asserts that not a single defendant has filed a timely responsive motion or pleading, but as to defendant Landsafe Default that is simply incorrect.
Defendant Landsafe Default's motion to dismiss is not properly noticed before the undersigned, as it was filed prior to this matter's transfer to this courthouse. Accordingly, defendant Landsafe Default is instructed to re-notice the motion before the undersigned in accordance with Local Rule 230.
In accordance with the foregoing, THE COURT HEREBY ORDERS that:
1. The Recon Defendants' motion for an extension of time, ECF No. 34, is GRANTED. The Recon Defendants must file a responsive motion or pleading to plaintiff's amended complaint by October 14, 2015.
2. Plaintiff's motion for reconsideration, ECF No. 36, is DENIED;
3. Plaintiff's motion for default judgment, ECF No. 37, is DENIED; and
4. Defendant Landsafe Default is ordered to re-notice its September 14, 2015, motion to dismiss, ECF No. 35, before the undersigned in accordance with Local Rule 230.