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U.S. Bank, N.A. v. SFR Investments Pool 1, LLC, 2:16-cv-02801-JCM-EJY. (2020)

Court: District Court, D. Nevada Number: infdco20200122f77 Visitors: 6
Filed: Jan. 21, 2020
Latest Update: Jan. 21, 2020
Summary: JUDGMENT BY DEFAULT AGAINST DAVID L. McCOY AND PAMELA McCOY JAMES C. MAHAN , District Judge . This matter came before the Court on SFR Investments Pool 1, LLC's ("SFR") Application for Judgment by Default against David L. McCoy and Pamela McCoy ("the McCoys" or "Cross-Defendants"). Having considered the application, including the declarations attached thereto, the Court makes the following findings of fact and conclusions of law: 1. On January 17-2017, SFR filed a Cross-Claim [ECF No. 19]
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JUDGMENT BY DEFAULT AGAINST DAVID L. McCOY AND PAMELA McCOY

This matter came before the Court on SFR Investments Pool 1, LLC's ("SFR") Application for Judgment by Default against David L. McCoy and Pamela McCoy ("the McCoys" or "Cross-Defendants"). Having considered the application, including the declarations attached thereto, the Court makes the following findings of fact and conclusions of law:

1. On January 17-2017, SFR filed a Cross-Claim [ECF No. 19] for quiet title and injunctive relief against Cross-Defendants, relating to real property located at 4779 Laurel Canyon Street, Las Vegas, Nevada 89129; Parcel No. 138-04-511-010 ("the Property").

2. Cross-Defendants failed to answer the complaint within the 21-day time limit set forth in FRCP 12. The Clerk of the Court appropriately entered a default against Cross-Defendants on June 1, 2017.

3. Cross-Defendants are not incompetent, infants, or serving in the United States military.

4. SFR submitted credible evidence in support of its application in the form of documents obtained from the Official Records of the Clark County Recorder and declarations made under penalty of perjury that demonstrate prima facie grounds sufficient to enter default judgment against Cross-Defendants.

NOW, THEREFORE, pursuant to FRCP 55(b)(2), having considered the evidence and made the foregoing findings of fact and conclusions of law, and finding good cause,

IT IS ORDERED, ADJUDGED AND DECREED that Cross-Defendants David L. McCoy and Pamela McCoy, any successors and assigns, have no right, title or interest in the Property and that SFR is the rightful title owner.

IT IS FURTHER ORDERED that this judgment does not adjudicate SFR's claims against, or the defenses of, any other party to this case.

Source:  Leagle

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