(PS) Avila v. NewRez LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID AVILA, et al, Case No. 2:24-cv-02264-TLN-CSK Plaintiffs, FINDINGS AND RECOMMENDATIONS
GRANTING DEFENDANT PEAK
v. FORECLOSURE SERVICES INC.’S
AMENDED MOTION TO SET ASIDE
NEWREZ, LLC D/B/A SHELLPOINT MORTGAGE SERVICING, et al., 15 Defendants. (ECF No. 43) 16 Plaintiffs David Avila and John Hayne are proceeding in this action pro se.1 Pending before the Court is Defendant Peak Foreclosure Services Inc.’s amended motion to set aside default pursuant to Federal Rules of Civil Procedure 55(c). Def. Am. Mot. (ECF No. 43.) Plaintiffs have not filed an opposition to the motion. See Docket. Finding no hearing necessary, the matter was taken under submission by the undersigned. (ECF No. 45.) For the reasons that follow, the Court recommends GRANTING Defendant’s amended motion to set aside default. I. BACKGROUND Plaintiffs filed their Complaint on August 21, 2024. (ECF No. 1.) On September 23, 2024, Plaintiffs filed their…