LEONARD v. NASR, 3:14-cv-00233-RCJ-WGC. (2014)
Court: District Court, D. Nevada
Number: infdco20141231b63
Visitors: 8
Filed: Dec. 30, 2014
Latest Update: Dec. 30, 2014
Summary: ORDER ROBERT C. JONES, District Judge. This case arises out of a collision between a car and a bicycle. Pending before the Court is a Motion for Default Judgment (ECF No. 5). Obtaining default judgment is a two-step process under Rule 55. Eitel v. McCool, 782 F.2d 1470 , 1471 (9th Cir. 1986). First, the party seeking a default judgment must petition the Clerk to enter default. Fed. R. Civ. P. 55(a). Second, the party must petition the Clerk or the Court for a default judgment, depending upo
Summary: ORDER ROBERT C. JONES, District Judge. This case arises out of a collision between a car and a bicycle. Pending before the Court is a Motion for Default Judgment (ECF No. 5). Obtaining default judgment is a two-step process under Rule 55. Eitel v. McCool, 782 F.2d 1470 , 1471 (9th Cir. 1986). First, the party seeking a default judgment must petition the Clerk to enter default. Fed. R. Civ. P. 55(a). Second, the party must petition the Clerk or the Court for a default judgment, depending upon..
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ORDER
ROBERT C. JONES, District Judge.
This case arises out of a collision between a car and a bicycle. Pending before the Court is a Motion for Default Judgment (ECF No. 5). Obtaining default judgment is a two-step process under Rule 55. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). First, the party seeking a default judgment must petition the Clerk to enter default. Fed. R. Civ. P. 55(a). Second, the party must petition the Clerk or the Court for a default judgment, depending upon whether a sum certain is requested. Fed. R. Civ. P. 55(b)(1)-(2). Here, there is no evidence of default having been entered by the Clerk. Plaintiffs must ask the Clerk to enter default before asking the Court (or the Clerk) for a default judgment.
CONCLUSION
IT IS HEREBY ORDERED that the Motion for Default Judgment (ECF No. 5) is DENIED.
IT IS SO ORDERED.
Source: Leagle
