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Bank of America, N.A. v. Operture, Inc.

United States District Court, D. Nevada

May 14, 2018

BANK OF AMERICA, N.A., Plaintiff, OPERTURE, INC., a corporation; BRIDGER INVESTMENTS LLC, a Nevada limited liability company; GEORGE PETER LEE; ALESSI & KOENIG, LLC, a Nevada limited liability company; INDIGO HOMEOWNERS' ASSOCIATION, a Nevada non-profit corporation; and DOES I through X, and ROE CORPORATIONS I through X, inclusive; Defendants.

          SCHWARTZ FLANSBURG PLLC, Frank M. Flansburg III, Esq., Andrew P. Dunning, Esq., Attorneys for Defendant George Peter Lee

          WRIGHT FINLAY & ZAK, Aaron D. Lancaster, Esq., Attorneys for Plaintiff Bank of America, N.A.

          LEACH JOHNSON SONG & GRUCHOW, Sean L. Anderson, Esq., Chase Pittsenbarger, Esq., Attorneys for Defendant Indigo Homeowners' Association

          STIPULATION AND ORDER TO: (1) SET ASIDE CLERK'S DEFAULT; AND (2) VACATE DEFAULT JUDGMENT AGAINST DEFENDANT GEORGE PETER LEE

         STIPULATION

         Defendant George Peter Lee (“Defendant”) by and through the law firm of Schwartz Flansburg PLLC, and Plaintiff, Bank of America, N.A. (“Plaintiff”), by and through the law firm of Wright, Finlay & Zak, LLP, hereby stipulate and agree as follows:

         1. On November 16, 2017, the Clerk entered default as to Defendants Bridger Investment LLC and George Peter Lee (the “Clerk's Default”). [ECF No. 36];

         2. On January 26, 2018, Plaintiff filed its Renewed Application for Default Judgment against George Peter Lee and Bridger Investment LLC (the “Renewed Application”). [ECF No. 43];

         3. On February 7, 2018, the Court entered its Order Granting the Renewed Application. [ECF No. 45];

         4. On February 8, 2018, the Clerk entered its Default Judgment in favor of Plaintiff and against Defendants Bridger Investment LLC and George Peter Lee (the “Default Judgment”). [ECF No. 46];

         5. On March 9, 2018, counsel for Defendant made their initial appearance in this matter. [ECF No. 48];

         6. Rule 55(c) of the Federal Rules of Civil Procedure allows the Court to set aside an entry of default for good cause, and to set aside a final default judgment pursuant to Rule 60(b);

         7. Rule 60(b)(5) of the Federal Rules of Civil Procedure allows the Court to relieve a party from a final judgment if the judgment “has been satisfied, released, or discharged.” Similarly, Rule 60(b)(6) allows the Court to relieve a party from such a judgment for “any other reason that justifies relief;”

         8. Rule 60(b)'s provisions for setting aside default judgments are “remedial, ” and “must be liberally applied.” United States v. Aguilar, 782 F.3d 1101, 1106 (9th Cir. 2015) citing Falk v. Allen, 739 F.2d 461, 463 (9th Cir. 1984) (per curiam). The Ninth Circuit often reiterates the longstanding policy that a default judgment “is a drastic step appropriate only in extreme circumstances, ” and that “a case should, whenever possible, be decided on the merits.” Id.

         9. Plaintiff and Defendant agree and stipulate that there is good cause to set aside the ...


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