Singh v. New Century Mortgage Corp.

Full title: SASHI L. SINGH, Plaintiff, v. NEW CENTURY MORTGAGE CORP., et al.…

Court: United States District Court, E.D. California

Date published: Aug 3, 2011

CIV. NO. S-10-0836 JAM GGH (E.D. Cal. Aug. 3, 2011)

Opinion

CIV. NO. S-10-0836 JAM GGH.

August 3, 2011

ORDER

GREGORY HOLLOWS, Magistrate Judge

Plaintiff's amended application for default judgment against defendants MFN Mortgage and Gregory Lynn Nichols, filed July 1, 2011, (dkt. # 45), presently is scheduled for hearing on August 11, 2011. Because plaintiff has continued to fail to serve this defendant with the amended application, which was the basis for the court's previous recommendation that the original application be denied, the instant application will also be denied without prejudice. The fact that MFN has filed an opposition is of no consequence as Fed.R.Civ.P. 55(b)(2) requires advanced written notice of the application notwithstanding actual notice.¹

1 Plaintiff is also advised that no exhibits were attached to the Stein declaration, and that they should be attached to a renewed motion.

Accordingly, IT IS ORDERED that:

1. The August 11, 2011 hearing on plaintiff's amended application for default judgment is vacated.

2. Plaintiff's amended application for default judgment against defendants MFN Mortgage and Gregory Lynn Nichols, filed July 1, 2011, (dkt. # 45), is denied without prejudice to its renewal on proper service to defendants.