Mitchell v. County of Nye, 2:15-CV-01714-APG-NJK. (2016)
Court: District Court, D. Nevada
Number: infdco20160229496
Visitors: 10
Filed: Feb. 18, 2016
Latest Update: Feb. 18, 2016
Summary: ORDER SETTING ASIDE CLERK'S ENTRY OF DEFAULT (Dkt. #13) ANDREW P. GORDON , District Judge . On December 18, 2015, the clerk of the court entered default against Nye County. (Dkt. #12.) Nye County now seeks to set aside that default because plaintiff Karl Mitchell did not properly serve it with process. (Dkt. #13.) I have reviewed Mr. Mitchell's motion for entry of default and attached papers, as well as the documents attached to Nye County's motion. Mr. Mitchell did not properly serve Nye
Summary: ORDER SETTING ASIDE CLERK'S ENTRY OF DEFAULT (Dkt. #13) ANDREW P. GORDON , District Judge . On December 18, 2015, the clerk of the court entered default against Nye County. (Dkt. #12.) Nye County now seeks to set aside that default because plaintiff Karl Mitchell did not properly serve it with process. (Dkt. #13.) I have reviewed Mr. Mitchell's motion for entry of default and attached papers, as well as the documents attached to Nye County's motion. Mr. Mitchell did not properly serve Nye C..
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ORDER SETTING ASIDE CLERK'S ENTRY OF DEFAULT
(Dkt. #13)
ANDREW P. GORDON, District Judge.
On December 18, 2015, the clerk of the court entered default against Nye County. (Dkt. #12.) Nye County now seeks to set aside that default because plaintiff Karl Mitchell did not properly serve it with process. (Dkt. #13.) I have reviewed Mr. Mitchell's motion for entry of default and attached papers, as well as the documents attached to Nye County's motion. Mr. Mitchell did not properly serve Nye County with the summons and complaint in this case. Therefore, the clerk's entry of default was improper. Although Mr. Mitchell is not a lawyer and is representing himself, he must comply with the service requirements of Federal Rule of Civil Procedure 4.
THEREFORE, Nye County's motion to set aside default (Dkt. #13) is GRANTED and the entry of default against it (Dkt. #12) is SET ASIDE.
Source: Leagle
