1:09-ap-01153•de la Cruz v. Aegis Wholesale Corporation et al
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA In re SANDRA F. DE LA CRUZ, No. 08-12081 Debtor(s). ______________________________________/ SANDRA F. DE LA CRUZ, Plaintiff(s), v. A.P. No. 09-1153 AEGIS WHOLESALE CORPORATION, et al., Defendant(s). _______________________________________/ Memorandum on Motion for Relief from Default _________________ Defendant MERS willfully decided not to answer the complaint in this matter. It complains that it never got notice of plaintiff’s motion for entry of a default judgment, but such notice is not required pursuant to Rule 5(a)(2) of the Federal Rules of Civil Procedure, made applicable to this adversary proceeding pursuant to Rule 7005 of the Federal Rules of Bankruptcy Procedure. The court does not see where MERS has a pecuniary interest in this dispute - the only proof of claim was filed by Aurora Loan Services, LLC - but if MERS has any interest it has knowingly forfeited it. Entered on Docket June 04, 2010 GLORIA L. FRANKLIN, CLERK U.S BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA Case: 09-01153 Doc# 35 Filed: 06/03/10 Entered: 06/04/10 12:51:00 Page 1 of 2
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 For the foregoing reasons, the motion of MERS to vacate the default judgment against it will be denied. Counsel for plaintiff shall submit an appropriate form of order. Dated: June 3, 2010 SAlan Jaroslovsky U.S. Bankruptcy Judge Case: 09-01153 Doc# 35 Filed: 06/03/10 Entered: 06/04/10 12:51:00 Page 2 of 2
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