Abrosimov et al v. Sergey Ryshkoff's Moscow Ice Circus, LLC et al

Filing 52

ORDER that the clerk's entry of default 50 is VACATED as to defendants Ice Show Corporation and Sergey Ryshkoff's Moscow Ice Circus. Plaintiffs' motion fo default judgment 51 is GRANTED as to defendants Sergey Ryshkoff and Sergey Kondratov. Plaintiffs' motion for default judgment 51 is DENIED as to defendants Ice Show Corporation and Sergey Ryshkoff's Moscow Ice Circus. Signed by Judge James C. Mahan on 6/30/11. (Copies have been distributed pursuant to the NEF - ECS)

Download PDF
1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 YURIY ABROSIMOV, et al., 8 9 10 11 12 2:09-CV-1261 JCM (GWF) Plaintiffs, v. SERGEY RYSHKOFF’S MOSCOW ICE CIRCUS, et al., Defendants. 13 14 ORDER 15 Presently before the court is plaintiffs’ motion for default judgment against the remaining, 16 non-answering defendants: Sergey Ryshkoff, Sergey Kondratov, Ice Show Corporation, and Sergey 17 Ryshkoff’s Moscow Ice Circus. (Doc. #51). 18 Pursuant to Federal Rule of Civil Procedure 55(a) “[w]hen a party against whom a judgment 19 for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by 20 affidavit or otherwise, the clerk must enter the party’s default.” Federal Rule of Civil Procedure 21 55(b)(2) provides that a court may enter a default judgment after the party seeking default applies 22 to the clerk of the court as required by subsection (a) of this rule. However, prior to obtaining such 23 relief, the plaintiff is required to demonstrate that the relevant defendant has been properly served. 24 See Mason v. Genisco Tech. Corp., 960 F.2d 849, 851 (9th Cir. 1992) (“A person is not bound by 25 a judgment in a litigation to which he or she has not been made a party by service of process.”). 26 Here, the court granted plaintiffs permission to serve the relevant defendants by publication. 27 (Doc. #31). However, plaintiffs have filed evidence of service only as to two of the remaining, non- 28 James C. Mahan U.S. District Judge 1 answering defendants. (See doc #38) (as to defendant Kondratov); (see also doc. #41) (as to 2 defendant Ryshkoff). To date, plaintiffs have failed to demonstrate that defendants Ice Show 3 Corporation and Sergey Ryshkoff’s Moscow Ice Circus have been properly served. 4 Nonetheless, the clerk of the court entered default as to all four remaining, non-answering 5 defendants on June 8, 2011 (doc. #50), upon plaintiffs’ motion for entry of clerk’s default (doc. #49). 6 Because the plaintiffs have failed to provide evidence that Ice Show Corporation and Sergey 7 Ryshkoff’s Moscow Ice Circus have been properly served, the entry of default (doc. #50) is hereby 8 vacated, and the motion for default judgment is denied as to those defendants. However, the court 9 finds that defendants Kondratov and Ryshkoff have been properly served. Whereas, to date, 10 Kondratov and Ryshkoff have not submitted responsive pleadings, entry of default judgment against 11 them was proper, and the motion for default judgment is granted. 12 Accordingly, 13 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the clerk’s entry of default 14 (doc. #50) is VACATED as to defendants Ice Show Corporation and Sergey Ryshkoff’s Moscow 15 Ice Circus; 16 IT IS FURTHER ORDERED that plaintiffs’ motion for default judgment (doc. #51) is hereby 17 GRANTED as to defendants Sergey Ryshkoff and Sergey Kondratov. Plaintiffs shall prepare and 18 submit an appropriate judgment to the court for review and signature. 19 20 21 IT IS FURTHER ORDERED that plaintiffs’ motion for default judgment (doc. #51) is hereby DENIED as to defendants Ice Show Corporation and Sergey Ryshkoff’s Moscow Ice Circus. DATED this 30th day of June, 2011. 22 23 UNITED STATES DISTRICT JUDGE 24 25 26 27 28 James C. Mahan U.S. District Judge -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?