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Wells Fargo Bank v. Saviet

June 26, 2006

WELLS FARGO BANK, PLAINTIFF
v.
KENNETH N. SAVIET, DEFENDANT



The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 26th day of June, 2006, upon consideration of the motion for default judgment (Doc. 8), in which plaintiff avers that an amount certain is owed by defendant pursuant to the terms of a mortgage agreement, and it appearing that default has been entered against defendant for failure to plead or otherwise defend (see Doc. 10) as provided by the Federal Rules of Civil Procedure, see FED. R. CIV. P. 55(a) ("When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend . . . the clerk shall enter the party's default."), but that the agreement at issue has not been filed with the court, see id. 52(b) ("[If] it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence . . . the court may . . . order such references as it deems necessary and proper . . . ."), it is hereby ORDERED that plaintiff shall file, on or before July 24, 2006, the mortgage agreement and any other documents supporting plaintiff's claim.

20060626

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