Whelan v Donahoe

Filing 40

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/4/2015 DENYING plaintiff's 38 Motion for Default Judgment. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HELEN WHELAN,

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Plaintiff,

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No. 2:14-cv-1096 TLN CKD PS

v.

ORDER

MEGAN BRENNAN,

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Defendant.

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Plaintiff has filed a motion for default judgment.1 Plaintiff contends that defendant filed

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an untimely answer. Although plaintiff asserts that defendant was served electronically on May

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5, 2014, plaintiff has not provided evidence of when the defendant was properly served with

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summons in compliance with Federal Rule of Civil Procedure 4. Moreover, defendant filed a

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motion to dismiss, which was granted by the District Judge on November 18, 2014. Defendant

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thereafter filed an answer on February 11, 2015. Under these circumstances, entry of default

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judgment is inappropriate.

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Plaintiff is reminded that this matter is set for status conference on March 11, 2015 at 10:00
a.m. in courtroom no. 24. Scheduling of this action will take place at that time. Status reports are
due no later than March 4, 2015.
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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for default judgment

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(ECF No. 38) is denied.

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Dated: March 4, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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