Hawkins v. Bank of America, N.A. et al
| Fred Hawkins |
| Bank of America, N.A. and Beryl Hawkins |
| 3:2017cv01954 |
| September 26, 2017 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cynthia Bashant |
| Andrew G. Schopler |
| Other Fraud |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
39
ORDER granting 31 Defendant Beryl Hawkins' Ex Parte Motion to Set Aside the Entry of Default; denying 28 Plaintiff's Motion for Default Judgment Against Defendant Hawkins; and terminating as moot 36 Plaintiff's Motion to Expedit e. For the foregoing reasons, the Court GRANTS Defendant Beryl Hawkins ex parte motion to set aside the entry of default. (ECF No. 28.) The Clerk of the Court is directed to SET ASIDE the default entered against Defendant Beryl Hawkins. (ECF No. 55.) The Court TERMINATES AS MOOT Plaintiff's motion to expedite a decision on whether to aside the default. Because the default entered against Beryl Hawkins has been set aside, the Court DENIES Plaintiff's motion for default judgment. (ECF No . 28.) Defendant Hawkins is ORDERED to file the proposed motion to dismiss attached to the ex parte motion to set aside default no later than Monday, 7/30/2018. The filed motion must include a proper hearing date for briefing purposes. Should Defendant Hawkins fail to comply with this deadline, the Court will reconsider the propriety of setting aside the procedural default. Signed by Judge Cynthia Bashant on 7/16/2018. (acc)
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Filing
17
ORDER granting in part and denying in part 14 Motion to Authorize Alternative Service of Process on Defendant Beryl Hawkins. Court grants Plaintiff's request to effectuate mail service on Beryl Hawkins pursuant to FRCP 4(f)(2)(C)(ii). At Plai ntiff's expense, The Clerk shall serve Defendant Beryl Hawkins by sending one copy of the service package prepared by Plaintiff via U.S. Postal Service international express mail, return receipt requested and FedEx. The package must include: 1) Plaintiff's Complaint, 2) Summons to Hawkins, 3) Civil Cover Sheet, 4) this Order, and 5) cover letter provided by Plaintiff. The address to be used for Hawkins is: 2-11-3 Sobudai, Sagamihara-shi, Kanagawa-ken, Tokyo 252-0324, Japan. Court grant s Plaintiff's request to permit service of the Complaint and Summons on Hawkins' U.S. based attorney, Michael Kusnir under Rule 4(f)(3). Court denies Plaintiff's request to permit service via email on Defendant Hawkins under Rule 4(f)(3). Signed by Judge Cynthia Bashant on 4/4/2018. (jah)
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Filing
13
ORDER denying Bank of America's 10 Motion to Dismiss for Failure to State a Claim. Defendant Bank of America is ordered to file an answer to the Complaint by 4/4/2018. Signed by Judge Cynthia Bashant on 3/14/2018. (jah)
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