Fleming v. Branchfeld & Associates P.C.
Filing
22
ORDER Denying 21 Plaintiff's Motion for Entry of Default. Signed by Judge M. James Lorenz on 2/19/2009. (mjj) (jrl).
<![CDATA[
1 2 3 4 5 6 7 8 9 10 SHIRLEY R. FLEMING, 11 12 v. 13 BRANCHFELD & ASSOCIATES, P.C., 14 15 16 Defendant. Plaintiff, ) ) ) ) ) ) ) ) ) ) Civil No. 08cv371-L(BLM) ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
On February 18, 2009 Plaintiff filed a motion requesting the Clerk to enter default as
17 provided in Federal Rule of Civil Procedure 55(a). The request is DENIED for two reasons. 18 First, the request is moot. Pursuant to Plaintiff's earlier request, the clerk entered default on July 19 11, 2008. Second, Plaintiff seeks entry of default on the ground that Defendant failed to engage 20 in settlement discussions. Such failure is not one of the permissible grounds upon which the 21 clerk may enter default. See Fed. R. Civ. Proc. 55(a). 22 IT IS SO ORDERED.
23 DATED: February 19, 2009 24 25 26 COPY TO: M. James Lorenz United States District Court Judge
HON. BARBARA L. MAJOR 27 UNITED STATES MAGISTRATE JUDGE 28 ALL PARTIES/COUNSEL
08c371
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