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Polimeda v. Deutsche Bank National Trust Co.

United States District Court, D. New Jersey

April 27, 2015

JOSEPH POLIMEDA, Plaintiff,
v.
DEUTSCHE BANK NATIONAL TRUST COMPANY, et al., Defendants.

ORDER

MADELINE COX ARLEO, District Judge.

THIS MATTER having come before the Court on the motion of Plaintiff Joseph Polimeda for default judgment pursuant to Federal Rule of Civil Procedure 55(b)(2) [Dkt. No. 6] and the cross-motion of Defendants Mortgage Electronic Registration System ("MERS") and One West Bank, FSB ("One West"), to vacate default [Dkt. No. 10];

and it appearing that the entry of default judgment is disfavored, see Animal Sci. Prods., Inc. v. China Nat'l Metals & Minerals Imp. & Exp. Corp. , 596 F.Supp.2d 842, 847 (D.N.J. 2008); and it further

appearing that proof of proper service is a prerequisite to this Court's entry of a default judgment, see Chanel, Inc. v. Gordashevsky , 558 F.Supp.2d 532, 535 (D.N.J. 2008); and it further

appearing that Plaintiff failed to effect proper service of the Complaint on Defendants; and it further

appearing that One West and MERS have demonstrated good cause in support of their motion to vacate the clerk's entry of default, see Fed.R.Civ.P. 55(c); see also Chamberlain v. Giampapa , 210 F.3d 154, 164 (3d Cir. 2000);[1]

IT IS on this 27th day of April, 2015,

ORDERED that Plaintiff's motion for default judgment is DENIED; and it is further

ORDERED that the cross-motion of Defendants MERS and One West to vacate default is GRANTED; and it is further

ORDERED that Defendants shall answer or otherwise respond to the Complaint by May 12, 2015.


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