Brantley et al v. Boyd et al

Filing 332

ORDER DENYING AS MOOT CROSS-CLAIMANTS' APPLICATION FOR DEFAULT JUDGMENT. Signed by Judge Maxine M. Chesney on July 16, 2013. (mmclc2, COURT STAFF) (Filed on 7/16/2013) (Additional attachment(s) added on 7/16/2013: # 1 Certificate of Service) (tlS, COURT STAFF).

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

For the Northern District of California

United States District Court

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LARRY TYRONE BRANTLEY, SR. and
ELLEN BRANTLEY,
Plaintiffs,

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No. C 07-6139 MMC
ORDER DENYING AS MOOT CROSSCLAIMANTS’ APPLICATION FOR
DEFAULT JUDGMENT

v.
GARRETT BOYD, et al.,
Defendants.

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Before the Court is defendants and cross-claimants Sergei Klyazmin, MoDo Realty,

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Inc., and Royal Crown Mortgage, Inc.’s (collectively, “cross-claimants”) application, filed

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February 22, 2013, by which cross-claimants seek default judgment against defendant

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Garrett Boyd on their Cross-Claim. On April 30, 2013, Magistrate Judge Nathanael M.

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Cousins filed a Report and Recommendation, recommending denial of the application

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without prejudice. (See Doc. No. 325.) Thereafter, on June 13, 2013, cross-claimants filed

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a First Amended Cross-Claim against Garrett Boyd. (See Amended Cross-Claim, filed

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June 13, 2013.)

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Accordingly, the above-referenced application for default judgment is hereby

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DENIED as moot. See Hal Roach Studios, Inc. v. Richard Feiner & Co., Inc., 896 F.2d

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1542, 1546 (9th Cir. 1989) (holding “an amended pleading supersedes the original”). If

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cross-claimants wish to file a motion for default judgment on their First Amended Cross-

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Claim, they must first seek entry of default on such amended pleading from the Clerk of

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Court. See Fed. R. Civ. P. 55(a).

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IT IS SO ORDERED.

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Dated: July 16, 2013
MAXINE M. CHESNEY
United States District Judge

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