Opinion
Civ. 22-2705 (KM) (AME)
02-28-2023
SHERRY SCALERCIO-ISENBERG, Plaintiff, v. CREDIT SUISSE GROUP, SELECT PORTFOLIO SERVICING, INC. SPS, MITCHELL SCOTT KURTZ, and ROBERT D. BAILEY, Defendants.
ORDER
KEVIN MCNULTY, UNITED STATES DISTRICT JUDGE.
THIS MATTER having come before the Court on the motion of Plaintiff Sherry Scalercio-Isenberg (DE 18) for default judgment as to Defendant Select Portfolio Servicing, Inc. (“SPS”); the motion of plaintiff (DE 25) for default judgment as to Defendant Credit Suisse Group; the motion of SPS (DE 27) to dismiss the complaint under Rule 4(m); and the motion of Defendants Mitchell Scott Kurtz and Robert D. Bailey (DE 21) to dismiss the complaint under Rule 12(b)(1) and Rule 12(b)(6); and the Court having considered the papers in support and in opposition (DE 18, 19, 20, 21, 22, 23, 24, 25, 27, 30); for the reasons stated in the accompanying Opinion, and good cause appearing therefor;
IT IS this 28th day of February, 2023, ORDERED that plaintiff's motion (DE 18) for entry of default judgment against SPS is DENIED; and it is further
ORDERED, in light of the defective service against SPS, that SPS's motion (DE 27) to dismiss the complaint is DENIED without prejudice to refiling or renewal as may become appropriate; and it is further
ORDERED that plaintiff's motion (DE 25) for entry of default judgment against Credit Suisse Group is DENIED; and it is further
ORDERED that Kurtz and Bailey's motion (DE 21) to dismiss the complaint is GRANTED; and it is further
ORDERED that dismissal of all claims against Kurtz and Bailey is without prejudice to the filing of a proposed amended complaint within 30 days. If no proposed amended complaint is filed, this shall become a with-prejudice dismissal.