Aaron Weiss et al. v. Rocket Mortgage, LLC et al.

Summary

The Central District of California dismissed the action against Landmark Mortgage Capital, Inc. without prejudice for failure to prosecute after Plaintiffs failed to file a renewed motion for default judgment by the court-ordered deadline. Because the court had previously dismissed the claims against Rocket Mortgage, LLC, the order constituted entry of judgment against Plaintiffs as to all Defendants.

Holdings

1. The action against Landmark Mortgage Capital, Inc. was dismissed without prejudice for lack of prosecution because Plaintiffs failed to file the renewed motion for default judgment by the court-ordered deadline after receiving notice of the consequence of noncompliance.
2. The order constituted notice of entry of judgment against Plaintiffs as to all defendants, and the Clerk was ordered to treat the order and its docket entry as an entry of judgment under Federal Rule of Civil Procedure 58 and Local Rule 58-6.

Questions Presented

1. Whether the action against Landmark Mortgage Capital, Inc. should be dismissed for failure to prosecute after Plaintiffs failed to file the required renewed motion for default judgment.
2. Whether the court should direct entry of judgment as to all defendants under Federal Rule of Civil Procedure 58 after the claims against Rocket Mortgage, LLC had previously been dismissed.

Disposition

dismissed