Filed: Oct. 10, 2018
Latest Update: Oct. 10, 2018
Summary: ORDER MIRANDA M. DU , District Judge . This case involves a claim to quiet title to real property that Plaintiff acquired pursuant to a homeowner's association lien foreclosure sale. (ECF No. 1-2 at 5-9.) Before the Court is Plaintiff's motion for default judgment seeking entry of judgment to quiet title to Plaintiff. (ECF No. 24.) The Court finds that default judgment is proper. Plaintiff has satisfied the procedural requirements for default judgment pursuant to Fed. R. Civ. P. 55(b). The
Summary: ORDER MIRANDA M. DU , District Judge . This case involves a claim to quiet title to real property that Plaintiff acquired pursuant to a homeowner's association lien foreclosure sale. (ECF No. 1-2 at 5-9.) Before the Court is Plaintiff's motion for default judgment seeking entry of judgment to quiet title to Plaintiff. (ECF No. 24.) The Court finds that default judgment is proper. Plaintiff has satisfied the procedural requirements for default judgment pursuant to Fed. R. Civ. P. 55(b). The C..
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ORDER
MIRANDA M. DU, District Judge.
This case involves a claim to quiet title to real property that Plaintiff acquired pursuant to a homeowner's association lien foreclosure sale. (ECF No. 1-2 at 5-9.) Before the Court is Plaintiff's motion for default judgment seeking entry of judgment to quiet title to Plaintiff. (ECF No. 24.) The Court finds that default judgment is proper. Plaintiff has satisfied the procedural requirements for default judgment pursuant to Fed. R. Civ. P. 55(b). The Clerk properly entered a default against Defendant pursuant to Fed. R. Civ. P. 55(a) because the defaulting defendants failed to appear after having been properly served. (ECF No. 22.) Plaintiff has also satisfied the factors for obtaining default judgment articulated in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Accordingly, the Court will grant Plaintiff's motion.
It is therefore ordered that Plaintiff's motion for default judgment (ECF No. 24) is granted. The proposed decree, attached as exhibit 2 to Plaintiff's motion (ECF No. 24 at 16-17) will be issued.
The Clerk is directed to enter judgment in accordance with this order and close this case.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
DWIGHT CARLSON, TRUSTEE OF ENTRUST Case No. 3:17-CV-00069-MMD-WGC
RETIREMENT TRUST, XV,
Plaintiff,
vs.
MICHAEL BERNARD VALLERGA; TERRI DECREE QUIETING TITLE
ARTIN; WELLS FARGO REALTY SERVICES,
INC., A CALIFORNIA CORPORATION AS
TRUSTEE UNDER TRUST NO. 520; UNITED
STATES OF AMERICA, DEPARTMENT OF
INTERNAL REVENUE SERVICES;
COLLECTION SERVICES OF NEVADA;
DISCOVER BANK; and DOES 1-20,
Defendants.
This cause having come on before this Court on the Complaint of the Plaintiff to quiet title herein against the above-named Defendants, Michael Bernard Vallerga, Terri Martin, Wells Fargo Realty Services, Inc., Collection Services of Nevada and Discover Bank were duly served as required by law, Defaults have been entered against them, that Defendant United States of America Department of Internal Revenue Service having disclaimed its interest in this matter and dismissed from this action pursuant to Order, and the Court having been satisfied that the allegations of said Complaint are true. NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiff DWIGHT CARLSON, TRUSTEE OF ENTRUST RETIREMENT TRUST, XV is adjudged to be, and is hereby declared to be the owner of the following described real property commonly known as 275 Shetland Circle, Reno, Nevada, Washoe County APN 078-161-01, and more particularly described as follows:
Lot 360, as shown on the Record of Survey filed in the Office of the Recorder of Washoe County on July 27, 1971, as File No. 213391, Official Records.
Together with a non-exclusive easement for roadway purposes over and across all of the other lots and parcels in said Record of Survey along the 60-foot non-exclusive roadway easement delineated and described in said Record of Survey and Declaration of Easement recorded in the Office of the Recorder of Washoe County on November 7,1974, as Document No. 346316, Official Records, to be appurtenant to and run with the land.
and that Defendants, nor any person claiming from, through or under said Defendants, are decreed to have no interest in said real property, and are forever barred from asserting any claim whatsoever in or to said real property adverse to Plaintiff.
