Larson v. Ching

Filing 52

FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE: (1) PLAINTIFF'S AMENDED REQUEST TO ENTER DEFAULT JUDGMENT FILED MARCH 4, 2009; (2) PLAINTIFF'S AMENDED DEFAULT JUDGMENT FILED MARCH 16, 2009; AND (3) PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED MARCH 16, 2009 33 , 47 , 48 - Signed by JUDGE KEVIN S.C. CHANG on 3/19/09. ( Objections to F&R due by 4/3/2009) (emt, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII LONNIE E. LARSON, Plaintiff, vs. DARWIN CHING, Director of the Department of Labor, State of Hawaii Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL NO. 08-00537 SOM-KSC FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE: (1) PLAINTIFF'S AMENDED REQUEST TO ENTER DEFAULT JUDGMENT FILED MARCH 4, 2009; (2)PLAINTIFF'S AMENDED DEFAULT JUDGMENT FILED MARCH 16, 2009; AND (3) PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED MARCH 16, 2009 FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE: (1) PLAINTIFF'S AMENDED REQUEST TO ENTER DEFAULT JUDGMENT FILED MARCH 4, 2009; (2)PLAINTIFF'S AMENDED DEFAULT JUDGMENT FILED MARCH 16, 2009; AND (3) PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED MARCH 16, 2009 On March 4, 2009, Plaintiff Lonnie Larson filed an Amended Request to Enter Default Judgment. Larson also filed a Motion for Default Judgment and an Amended Default Judgment on March 16, 2009. The Court will address these requests together, The Court finds these matters as they are substantially similar. suitable for disposition without a hearing pursuant to Local Rule 7.2(d). For the reasons discussed below, the Court DENIES these requests. An entry of default must precede a motion for default judgment. See Brooks v. U.S., 29 F. Supp. 2d 613, 618 (N.D. Cal. 1997)("The entry of default judgment is a two-part process; default judgment may be entered only upon the entry of default by the Clerk of the Court."). In Larson's requests, he alleges that the Clerk of the Court entered default against Darwin Ching on February 4, 2009, and February 5, 2009. does not reflect an entry of default. requests are premature. The record, however, Therefore, Larson's Moreover, Ching claims that he timely responded to Larson's Complaint on March 13, 2009. For the reasons, the Court FINDS and RECOMMENDS that Plaintiff's Motions and Requests be DENIED without prejudice. IT IS SO FOUND AND RECOMMENDED. Dated: Honolulu, Hawaii, March 19, 2009. _____________________________ Kevin S.C. Chang United States Magistrate Judge CV08-00537 SOM-KSC; LARSON V. CHING; FINDINGS AND RECOMMENDATION TO DENY WITHOUT PREJUDICE: (1)PLAINTIFF'S AMENDED REQUEST TO ENTER DEFAULT JUDGMENT FILED MARCH 4, 2009; (2)PLAINTIFF'S AMENDED DEFAULT JUDGMENT FILED MARCH 16, 2009; AND (3) PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT FILED MARCH 16, 2009 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?