U S Commodity Futures Trading Commission v. Michael J Leighton

Filing 35

MINUTES (IN CHAMBERS): ORDER DENYING Motion for Default Judgment WITHOUT PREJUDICE by Judge Philip S. Gutierrez: On March 13, 2013, Plaintiff U.S. Commodity Futures Trading Commission ("Plaintiff") filed a motion for default judgment ag ainst Defendant Michael J. Leighton ("Defendant"). Dkt. # 27. While Plaintiff has filed a notice of motion, there is no indication that the motion for default judgment has been served on Defendant because Plaintiff has not filed a proof of service as to the motion. Because Defendant does not appear to be registered with the CM/ECF System, pursuant to Local Rule 5-3.3, Defendant must be served with the motion for default judgment in accordance with Local Rule 5-3.1, which requires a proof of service in accordance with Local Rule 5-3.2. See L.R. 5-3.1, 5-3.2, 5-3.3. Because Plaintiff has not filed an accompanying proof of service, the motion for default judgment is DENIED WITHOUT PREJUDICE. RE: 27 (lw)

O
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
#27
CIVIL MINUTES - GENERAL
Case No.

CV 12-4012 PSG (SSx)

Title

U.S. Commodity Futures Trading Commission v. Michael J. Leighton

Present:

Date

April 29, 2013

The Honorable Philip S. Gutierrez, United States District Judge

Wendy K. Hernandez
Deputy Clerk

Not Present
Court Reporter

Attorneys Present for Plaintiff(s):

Attorneys Present for Defendant(s):

Not Present
Proceedings:

n/a
Tape No.

Not Present

(In Chambers) Order DENYING Motion for Default Judgment
WITHOUT PREJUDICE

On March 13, 2013, Plaintiff U.S. Commodity Futures Trading Commission (“Plaintiff”)
filed a motion for default judgment against Defendant Michael J. Leighton (“Defendant”). Dkt.
# 27. While Plaintiff has filed a notice of motion, there is no indication that the motion for
default judgment has been served on Defendant because Plaintiff has not filed a proof of service
as to the motion.1 Because Defendant does not appear to be registered with the CM/ECF
System, pursuant to Local Rule 5-3.3, Defendant must be served with the motion for default
judgment in accordance with Local Rule 5-3.1, which requires a proof of service in accordance
with Local Rule 5-3.2. See L.R. 5-3.1, 5-3.2, 5-3.3. Because Plaintiff has not filed an
accompanying proof of service, the motion for default judgment is DENIED WITHOUT
PREJUDICE.
IT IS SO ORDERED.

1

Plaintiff did file a proof of service as to the application for leave to file excess pages in
support of its motion for default judgment, but did not file a proof of service as to the motion and
accompanying memorandum.
CV-90 (06/04)

CIVIL MINUTES - GENERAL

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