REQUEST FOR CLERK’S ENTRY OF DEFAULT

MWZM: 22-000092-671 Page 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

PHH MORTGAGE CORPORATION, §

§

§

Plaintiff, §

§

v. § Civil Action No. 3:22-cv-00664

§

DONAVAN MILLER, §

§

Defendant. §

REQUEST FOR CLERK’S ENTRY OF DEFAULT 

Plaintiff PHH Mortgage Corporation (“Plaintiff”) by and through its undersigned counsel, 

on behalf of itself and its successors and assigns in interest, hereby files this its Request for Clerk’s 

Entry of Default, and states as follows:

1. Plaintiff filed its Original Complaint against Defendant Donavan Miller 

(“Defendant”) on March 22, 2022. [ECF Docket No. 1]. 

2. Defendant Donavan Miller was served via personal service on March 29, 2022, by 

personally delivering a copy of the summons and Plaintiff’s Original Complaint to Patricia J. 

Miller, his mother, an individual of suitable age who resides at Defendant’s residence at 121 Jenny 

Kay Lane Irving, Texas 75060. [ECF Docket No. 5]. His answer or other response to the Original 

Complaint was due on April 19, 2022. FED. R. CIV. P. 12(a)(1)(A)(i).

3. Defendant has not answered or otherwise appeared in this action. 

4. The court clerk may enter default against a party who has not filed a responsive 

pleading or otherwise defended a suit. FED. R. CIV. P. 55(a); N.Y. Life Ins. Co. v. Brown, 84 F.3d 

137, 141 (5th Cir. 1996). 

5. Plaintiff requests the clerk enter default against Defendant because he did not file 

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REQUEST FOR CLERK’S ENTRY OF DEFAULT

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a responsive pleading within 21 days after service of the Original Complaint. See FED. R. CIV. P. 

12(a)(1)(A)(i). Defendant has not otherwise attempted to defend against the Original Complaint. 

See FED. R. CIV. P. 55.

6. Plaintiff meets the requirements for obtaining an entry of default from the clerk as 

demonstrated by the Declaration of Vivian N. Lopez attached hereto as Exhibit A and 

incorporated by reference for all purposes. 

7. Defendant is not on active-duty military status. See Exhibit A-1. 

8. Plaintiff is entitled to an entry of default as to Defendant because he did not 

answer or otherwise defend the Original Complaint. 

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays that clerk enter a default as 

to Defendant on its claims and grant it such other and further relief to which it may be justly 

entitled. 

Respectfully submitted, 

By: /s/ Vivian N. Lopez

MARK D. CRONENWETT

Texas Bar No. 00787303

mcronenwett@mwzmlaw.com

VIVIAN N. LOPEZ

State Bar No. PR20818

vlopez@mwzmlaw.com

MACKIE WOLF ZIENTZ & MANN, P.C.

14160 North Dallas Parkway, Suite 900

Dallas, Texas 75254

Telephone: 214-635-2650

Facsimile: 214-635-2686

ATTORNEYS FOR PLAINTIFF

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REQUEST FOR CLERK’S ENTRY OF DEFAULT

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CERTIFICATE OF SERVICE

The undersigned certifies that on April 21, 2022, a copy of the above and foregoing 

document was served on the following Defendant in the manner described below:

Via CMRRR#9314 7699 0430 0094 5819 70

and U.S. Mail: 

Donavan Miller

121 Jenny Kay Lane

Irving, Texas 75060

/s/ Vivian N. Lopez 

VIVIAN N. LOPEZ

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