Wilmington Trust, NA v. SFR Investments Pool 1, LLC ( 2019 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 WILMINGTON TRUST, N.A., ) ) 4 Plaintiff ) Case No.: 2:16-cv-02713-GMN-EJY vs. ) 5 ) ORDER 6 SFR INVESTMENTS POOL 1, LLC, et al., ) ) 7 Defendants. ) ) 8 9 Pending before the Court is the Motion for Summary Judgment, (ECF No. 67), filed by 10 Cross Claimant SFR Investments Pool 1, LLC (“SFR”). In the Motion, SFR requests that the 11 Court enter summary judgment in its favor on its quiet title and injunctive relief claims against 12 Cross Defendants Citibank, N.A. (“Citibank”) and Raymond A. Schep (“Schep”). 13 Both Citibank and Schep have not appeared in this action. SFR has previously moved 14 for clerk’s entry of default against both parties, which the Clerk of Court granted on June 2, 15 2017, and July 1, 2019, respectively. (Schep Clerk’s Default, ECF No. 33); (Citibank Clerk’s 16 Default, ECF No. 71). In light of SFR having attained a clerk’s entry of default as to these 17 parties, the Court finds that SFR’s requested relief is most appropriately raised in a motion for 18 default judgment. See Fed. R. Civ. P. 55(b); Bank of New York Mellon v. Sommerset Park 19 Homeowners Ass'n, No. 2:16–CV–01811–GMN–CWH, 2019 WL 3017661, at *6 (D. Nev. July 20 10, 2019). 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 1 I. CONCLUSION 2 IT IS HEREBY ORDERED that SFR’s Motion for Summary Judgment, (ECF No. 67), 3 is DENIED without prejudice. 4 IT IS FURTHER ORDERED that in the event SFR seeks default judgment against 5 Citibank and Schep, SFR shall file a motion for default judgment within twenty-eight (28) days 6 of this Order’s issuance. Otherwise, SFR shall file a status report within this deadline apprising 7 the Court as to how it intends to proceed against these parties. 8 9 DATED this _2_9___ day of August, 2019. 10 11 ___________________________________ Gloria M. Navarro, Chief Judge 12 United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25