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Deutsche Bank National Trust Company v. SFR Investments Pool 1, LLC, 2:17-cv-01760-JCM-CWH. (2020)

Court: District Court, D. Nevada Number: infdco20200303d44 Visitors: 5
Filed: Mar. 02, 2020
Latest Update: Mar. 02, 2020
Summary: JUDGMENT BY DEFAULT AGAINST MOSHE HAMITAY JAMES C. MAHAN , District Judge . This matter came before the Court on SFR Investments Pool 1, LLC's ("SFR") application for default judgment against Cross-Defendant MOSHE HAMITAY ("Hamitay"). Having considered the application, including the declarations attached thereto, the Court makes the following findings of fact and conclusions of law: 1. On April 2, 2018, SFR filed a Cross-Claim (ECF No. 23) for quiet title and declaratory relief against Ham
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JUDGMENT BY DEFAULT AGAINST MOSHE HAMITAY

This matter came before the Court on SFR Investments Pool 1, LLC's ("SFR") application for default judgment against Cross-Defendant MOSHE HAMITAY ("Hamitay"). Having considered the application, including the declarations attached thereto, the Court makes the following findings of fact and conclusions of law:

1. On April 2, 2018, SFR filed a Cross-Claim (ECF No. 23) for quiet title and declaratory relief against Hamitay ("Cross-Claim") relating to real property located 8764 Timber Mesa Street, Las Vegas, Nevada 89139, APN: 177-18-411-025 ("Property").

2. Hamitay 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 Hamitay on June 3, 2019 (ECF No. 58).

3. Hamitay is not incompetent, an infant 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 Hamitay.

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-Defendant, Hamitay, 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 claim against, or the defenses of, any other party to this case.

Respectfully submitted by: KIM GILBERT EBRON /s/ Jacqueline A. Gilbert JACQUELINE A. GILBERT, ESQ. Nevada Bar No. 10593 7625 Dean Martin Drive, Suite 110 Las Vegas, Nevada 89139 (702) 485-3300 (702) 485-3301 (fax) Attorneys for SFR Investments Pool 1.
Source:  Leagle

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