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Debra J. Reagan Plaintiff v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF SAIL 2006-3 TRUST FUND Et Al Defendant Motion For Entry of Default

Debra J. Reagan Plaintiff v. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF SAIL 2006-3 TRUST FUND Et Al Defendant Motion For Entry of Default

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Published by Richie Collins

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Categories:Types, Business/Law
Published by: Richie Collins on Mar 20, 2012
Copyright:Attribution Non-commercial

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03/05/2013

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STATE OF MAINE DISTRICT COURT LOCATION
 – 
SPRINGVALEYORK, ss CIVIL ACTION DOCKET NO. RE-09-385Debra J. ReaganPlaintiff v.U.S. BANK NATIONAL ASSOCIATION ASTRUSTEE ON BEHALF OF SAIL 2006-3 TRUST FUND Et AlDefendantandCITIFINANCIAL, INCParty In Interest
MOTION FOR ENTRY OF DEFAULTAND SUMMARY JUDGEMENT
NOW COMES the plaintiff, Debra J. Reagan, and files this motion for entry of default againstthe defendant, U.S. BANK NATIONAL ASSOCIATION and requests a summary judgement as
requested in this plaintiff’s
counterclaim filed with this honorable court on April 5, 2011.
FACTS1
. This plaintiff filed a counterclaim against the defendant on April 5, 2011. According to MaineCivil Rules of Procedure the defendant had 21 days after the filing to file an opposition to my
 
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counterclaim. It also states that failing to file in a timely manner the party shall be deemed tohave waived all objections to the motion.
 
III. PLEADINGS AND MOTIONSRULE 7. PLEADINGS ALLOWED: FORM OF MOTIONS(a) Pleadings. There shall be a complaint and an answer, and a disclosure under oath, if trusteeprocess is used; and there shall be a reply to a counterclaim denominated as such;(c) Opposition to Motions.(2) Any party opposing any other motion shall file a memorandumand any supporting affidavits or other documents in opposition to the motion not later than 21days after the filing of the motion, unless another time is set by the court.(3) A party failing to file a timely memorandum in opposition to a motion shall be deemed tohave waived all objections to the motion.
2
. In this answer the defendant was to state their defenses and admit or deny the averments orstate they have no knowledge about the information
or don’t have sufficient information to statea defense against the averments. And if they don’t
answer, then the averments are admitted to.RULE 8. GENERAL RULES OF PLEADING(b) Defenses; Form of Denials. A party shall state in short and plain terms
the party’s defenses to
each claim asserted and shall admit or deny the averments upon which the adverse party relies. If the party is without knowledge or information sufficient to form a belief as to the truth of an
 
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averment, the party shall so state and this has the effect of a denial. Denials shall fairly meet thesubstance of the averments denied.(d) Effect of Failure to Deny. Averments in a pleading to which a responsive pleading isrequired, other than those as to the amount of damage, are admitted when not denied in theresponsive pleading.
3
. The defendant has not filed an answer within the allotted reasonable time of 21 days. Theyreceived a copy of my counterclaim on April 7, 2011 (See Page 8). 21 days from then was onApril 28, 2011. If you count only business days, the time to file their answer would have been onMay 6, 2011. As of this date, no answer has been given by the defendant. Their silence isacquiescence to my claims as stated in my counterclaim, by not only the
common law doctrineof estoppel by acquiescence
, but also by the related doctrine of 
silence is acquiescence
foundin case precedent mentioned in many U.S. Supreme Court rulings.The common law doctrine of  
estoppel by acquiescence
is applied when one party gives legalnotice to a second party of a fact or claim, and the second party fails to challenge or refute thatclaim within a reasonable time. The second party is said to have acquiesced to the claim, and isestopped from later challenging it, or making a counterclaim.
Silence is acquiescence
(aka.
silent acquiescence
and
acquiescence by silence
) is a relateddoctrine that can mean, and have the legal effect, that when confronted with a wrong or an actthat can be considered a tortious 
act, where one’s silence may mean that
one accepts or permitssuch acts without protest or claim thereby loses rights to a claim of any loss or damage.

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