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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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 RODNEY J. QUIGLEY, 9 Plaintiff, v. 11 For the Northern District of California United States District Court 10 No. C-11-6212 EMC VERIZON WIRELESS, et al., 12 Defendants. ___________________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT WITHOUT PREJUDICE (Docket No. 27) 13 14 Plaintiff Rodney J. Quigley has moved for a default judgment against two of the defendants 15 in this case, more specifically, Waste Management, Inc. and Receivable Management Services Corp. 16 Because the Clerk of the Court has declined Mr. Quigley’s request for entry of default as to these 17 defendants, see Docket No. 32 (notice), the Court denies Mr. Quigley’s motion for default judgment 18 against the same defendants without prejudice. See Vongrabe v. Sprint PCS, 312 F. Supp. 2d 1313, 19 1318 (S.D. Cal. 2004) (stating that “a plain reading of Rule 55 demonstrates that entry of default by 20 the clerk is a prerequisite to an entry of default judgment”). 21 This order disposes of Docket No. 27. 22 23 IT IS SO ORDERED. 24 25 Dated: February 3, 2012 26 27 28 _________________________ EDWARD M. CHEN United States District Judge

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