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