Mubiru v. Wells Fargo Bank, N.A.

E.D. California

Mubiru v. Wells Fargo Bank, N.A.

DecidedMarch 11, 2024

Docket1:23-cv-01597

StatusUnknown

This text of Mubiru v. Wells Fargo Bank, N.A. (Mubiru v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mubiru v. Wells Fargo Bank, N.A., (E.D. Cal. 2024).

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 FRANK K MUBIRU, Case No. 1:23-cv-01597-SAB

12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT 13 v. (ECF No. 10) 14 WELLS FARGO BANK, N.A.,

15 Defendant.

17 Plaintiff Frank K. Mubiru filed this action on November 13, 2023, against Defendant Wells 18 Fargo Bank, N.A. (ECF No. 1.) On February 21, 2024, Plaintiff filed proof of service on 19 Defendant. (ECF No. 6.) On February 27, 2024, Defendant filed an answer to Plaintiff’s 20 complaint including proof of service. (ECF Nos. 8, 9.) On March 8, 2024, Plaintiff filed a motion 21 for entry of default. (ECF No. 10.) 22 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two-step 23 process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. Cal. 24 Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 25 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 26 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 27 Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default judgment. Fed. R. Civ. 1 | P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably 2 | possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 1991) 3 | Gnternal punctuation and citations omitted). 4 In this instance, Defendant filed an answer to the complaint on February 27, 2024, and is 5 defending this action. Additionally, the proof of service shows that a copy of the answer was 6 | mailed to Plaintiff at his address of record on February 27, 2024. Accordingly, Plaintiff is not 7 {entitled to entry of default. 8 Based on the foregoing, Plaintiff's motion for entry of default, filed March 8, 2024, is 9 | HEREBY DENIED. 10 i IS SO ORDERED. OF. nf ee 12 Pated: _March 11, 2024 _ UNITED STATES MAGISTRATE JUDGE

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 FRANK K MUBIRU, Case No. 1:23-cv-01597-SAB

12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION FOR ENTRY OF DEFAULT 13 v. (ECF No. 10) 14 WELLS FARGO BANK, N.A.,

15 Defendant.

17 Plaintiff Frank K. Mubiru filed this action on November 13, 2023, against Defendant Wells 18 Fargo Bank, N.A. (ECF No. 1.) On February 21, 2024, Plaintiff filed proof of service on 19 Defendant. (ECF No. 6.) On February 27, 2024, Defendant filed an answer to Plaintiff’s 20 complaint including proof of service. (ECF Nos. 8, 9.) On March 8, 2024, Plaintiff filed a motion 21 for entry of default. (ECF No. 10.) 22 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two-step 23 process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. Cal. 24 Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 25 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 26 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 27 Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default judgment. Fed. R. Civ. 1 | P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably 2 | possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 1991) 3 | Gnternal punctuation and citations omitted). 4 In this instance, Defendant filed an answer to the complaint on February 27, 2024, and is 5 defending this action. Additionally, the proof of service shows that a copy of the answer was 6 | mailed to Plaintiff at his address of record on February 27, 2024. Accordingly, Plaintiff is not 7 {entitled to entry of default. 8 Based on the foregoing, Plaintiff's motion for entry of default, filed March 8, 2024, is 9 | HEREBY DENIED. 10 i IS SO ORDERED. OF. nf ee 12 Pated: _March 11, 2024 _ UNITED STATES MAGISTRATE JUDGE

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