de la Cruz v. Aegis Wholesale Corporation et al

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