LHF PRODUCTIONS, INC. v. BERTOLIN, 2:16-cv-02028-JAD-NJK. (2017)
Court: District Court, D. Nevada
Number: infdco20170510d56
Visitors: 7
Filed: May 09, 2017
Latest Update: May 09, 2017
Summary: Order Denying Motion for Default Judgment [ECF No. 47] JENNIFER A. DORSEY , District Judge . Pro se defendant Brian Kabala responded to LHF Productions, Inc.'s lawsuit with an answer and counterclaim. 1 LHF's response to that counterclaim was a motion to dismiss it. 2 Kabala now asks the Clerk of Court to enter a default against LHF under FRCP 55(a) because LHF filed no reply in support of its motion to dismiss, and the deadline for that reply has passed. 3 The entry of default is only
Summary: Order Denying Motion for Default Judgment [ECF No. 47] JENNIFER A. DORSEY , District Judge . Pro se defendant Brian Kabala responded to LHF Productions, Inc.'s lawsuit with an answer and counterclaim. 1 LHF's response to that counterclaim was a motion to dismiss it. 2 Kabala now asks the Clerk of Court to enter a default against LHF under FRCP 55(a) because LHF filed no reply in support of its motion to dismiss, and the deadline for that reply has passed. 3 The entry of default is only ..
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Order Denying Motion for Default Judgment
[ECF No. 47]
JENNIFER A. DORSEY, District Judge.
Pro se defendant Brian Kabala responded to LHF Productions, Inc.'s lawsuit with an answer and counterclaim.1 LHF's response to that counterclaim was a motion to dismiss it.2 Kabala now asks the Clerk of Court to enter a default against LHF under FRCP 55(a) because LHF filed no reply in support of its motion to dismiss, and the deadline for that reply has passed.3
The entry of default is only authorized when a party has completely failed to answer or otherwise respond to claims. See Fed. R. Civ. Proc. 55(a). LHF did respond to Kabala's counterclaims: it filed a motion to dismiss. Reply briefs are optional, and LHF's failure to file one does not subject it to default under FRCP 55(a).
Accordingly, IT IS HEREBY ORDERED that Brian Kabala's Motion for Default [ECF No. 47] is DENIED. The court will resolve LHF's motion to dismiss Kabala's counterclaim in the normal course.
FootNotes
1. ECF No. 22.
2. ECF No. 28.
3. ECF No. 47.
Source: Leagle
