Edwards et al v. Metropolitan Life Insurance Company et al

Filing 136

ORDER by Judge Charles R. Breyer denying 135 Motion for Default Judgment. (crblc1, COURT STAFF) (Filed on 11/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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ORDER DENYING MOTION FOR
DEFAULT JUDGMENT

Plaintiffs,

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No. C 10-03755 CRB

BEATRICE EDWARDS and
CARL C. EDWARDS,

v.

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METROPOLITAN LIFE INSURANCE
COMPANY, et al.,

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Defendants.

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Pro se Plaintiffs Beatrice and Carl Edwards have moved for default judgment against

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Defendant Metropolitan Life Insurance Company. See Mot. (dkt. 135). Pursuant to Civil

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Local Rule 7-1(b), the Court finds this Motion suitable for resolution without oral argument

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or further briefing, DENIES the Motion, and VACATES the hearing set for December 14,

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2012.

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Plaintiffs assert that they “requested entry of default as to Defendant MetLife,” Mot.

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at 2, and attach a case management conference statement which states “Plaintiffs respectfully

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request entry by the Court of default,” Mot. Ex. B. But the Clerk of the Court has not entered

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default against Defendant. “In light of the requirement to obtain entry of default before

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seeking default judgment, courts deny motions for default judgment where default has not

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been previously entered.” Hofelich v. Hawaii, No. 11-34, 2011 WL 1438096, at *1 (D.

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Hawaii April 14, 2011). Plaintiffs’ Motion is DENIED.
IT IS SO ORDERED.

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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE

Dated: November 9, 2012

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United States District Court
For the Northern District of California

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G:\CRBALL\2010\3755\order re entry of default.wpd

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