Quigley v. Verizon Wireless et al

Filing 34

ORDER by Judge Edward M. Chen Denying 27 Plaintiff's Motion for Default Judgment Without Prejudice. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 2/3/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RODNEY J. QUIGLEY,

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Plaintiff,
v.

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For the Northern District of California

United States District Court

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No. C-11-6212 EMC

VERIZON WIRELESS, et al.,

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Defendants.
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ORDER DENYING PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT
WITHOUT PREJUDICE
(Docket No. 27)

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Plaintiff Rodney J. Quigley has moved for a default judgment against two of the defendants

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in this case, more specifically, Waste Management, Inc. and Receivable Management Services Corp.

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Because the Clerk of the Court has declined Mr. Quigley’s request for entry of default as to these

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defendants, see Docket No. 32 (notice), the Court denies Mr. Quigley’s motion for default judgment

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against the same defendants without prejudice. See Vongrabe v. Sprint PCS, 312 F. Supp. 2d 1313,

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1318 (S.D. Cal. 2004) (stating that “a plain reading of Rule 55 demonstrates that entry of default by

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the clerk is a prerequisite to an entry of default judgment”).

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This order disposes of Docket No. 27.

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IT IS SO ORDERED.

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Dated: February 3, 2012

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_________________________
EDWARD M. CHEN
United States District Judge