Azad v. Goodyear Tire and Rubber Company, USA

Filing 24

ORDER Denying 10 Motion for Entry of Clerks Default. Signed by Judge Kent J. Dawson on 4/18/2012. (Copies have been distributed pursuant to the NEF - SLR)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9
10

MOINUL AZAD,

11

Plaintiff,

12

v.

13

Case No. 2:11-CV-00290-KJD-GWF

GOODYEAR TIRE AND RUBBER
COMPANY, USA,

ORDER

14
Defendant.
15
16
Presently before the Court is Plaintiff’s Motion for Default Judgment (#10). Defendant filed
17
a response in opposition (#12). Plaintiff’s Complaint (#3) was filed on May 11, 2011. Subsequently,
18
Plaintiff filed an Amended Complaint (#4) on June 9, 2011. It was screened (#5) by the magistrate
19
judge on August 18, 2011. Plaintiff filed proof (#8) that the summons and complaint were served by
20
the U.S. Marshal’s on or about September 13, 2011. On October 4, 2011, Defendant’s counsel filed
21
a notice of appearance (#7) and requested that Plaintiff comply with the Court’s order (#5) directing
22
him to serve a copy of every pleading, motion, or other document submitted for consideration on
23
Defendant. Defendant asserts that Plaintiff never complied with the order.
24
On December 29, 2011, no action of record having been taken since Plaintiff filed proof of
25
service, the Court ordered Plaintiff to file a status report, motion for default judgment, or notice of
26

1

voluntary dismissal. On January 5, 2012, Plaintiff filed the present motion for default judgment. On

2

January 6, 2012, Defendant filed its Answer (#11).

3

The Court finds good cause for Defendants failure to file an answer before January 6, 2012.

4

Furthermore, Defendant has asserted a meritorious defense. Plaintiff cannot be prejudiced by having

5

to prosecute the case on the merits. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s

6

Motion for Default Judgment (#10) is DENIED.

7

DATED this 18TH day of April 2012.

8
9
10
11

_____________________________
Kent J. Dawson
United States District Judge

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2