Washington et al v. Fresno County Sheriff et al

Filing 73

Order DENYING Plaintiff's 72 Motion for Default and Motion for Default Judgment, signed by Magistrate Judge Stanley A. Boone on 6/11/2015. (Rosales, O)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERRY WASHINGTON, et al,

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ORDER DENYING PLAINTIFF’S MOTION
FOR DEFAULT AND MOTION FOR
DEFAULT JUDGMENT

Plaintiffs,

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Case No. 1:14-cv-00129-AWI-SAB

v.
FRESNO COUNTY SHERIFF, et al.,

(ECF Nos. 71, 72)

Defendants.

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On June 5, 2015, Defendant Velos filed an answer to Plaintiff’s first amended complaint.
(ECF No. 67.) On June 10, 2015, Plaintiff filed a motion for default and a motion for default
judgment. (ECF Nos. 71, 72.)
Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a twostep process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2
(N.D.Cal. Feb, 11, 2008). Entry of default is appropriate as to any party against whom a
judgment for affirmative relief is sought that has failed to plead or otherwise defend as provided
by the Federal Rules of Civil Procedure and where that fact is made to appear by affidavit or
otherwise. Fed. R. Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default
judgment. Fed. R. Civ. P. 55(b)(1) and (2). “Default judgments are generally disfavored, and
whenever it is reasonably possible, cases should be decided upon their merits.” In re Hammer,

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1 940 F.2d 524, (9th Cir. 1991) (internal punctuation and citations omitted).
In this instance, Plaintiff filed an answer to the amended complaint on June 5, 2015, and

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3 is defending this action. Accordingly, Plaintiff is not entitled to entry of default.
Based on the foregoing, Plaintiff’s motion for entry of default and motion for default

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5 judgment, filed June 9, 2015 is HEREBY DENIED.
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IT IS SO ORDERED.

8 Dated:

June 11, 2015
UNITED STATES MAGISTRATE JUDGE

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