Crawford v. Smith's Food and Drug Store Inc

Filing 304

ORDER denying 298 Motion for Leave to File Document; ORDER denying 299 Motion for Leave to File Document; ORDER denying 301 Motion for Leave to File Document; ORDER denying 302 Motion for Leave to File Document; Signed by Judge Gloria M. Navarro on 10/7/2019. (Copies have been distributed pursuant to the NEF - JM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

MILTON O. CRAWFORD,
4
5
6
7
8
9
10

)
)
Plaintiff,
)
vs.
)
)
SMITH’S FOOD AND DRUG STORE, INC., )
et al.,
)
)
Defendants.
)
)

Case No.: 2:12-cv-00122-GMN-GWF
ORDER

Pending before the Court are Plaintiff Milton O. Crawford’s (“Plaintiff’s) Motion for

11

Leave to File Request for Judgment (“Motion for Judgment”), (ECF No. 298), Motion for

12

Leave to File Certificate of Service as to Affidavit, (ECF No. 299), regarding his Motion for

13

Judgment, Motion for Leave to File Server Affidavit of Service, (ECF No. 301), regarding his

14

Motion for Judgment, and Motion for Leave to File Certificate of Service, (ECF No. 302), to

15

his Motion for Judgment.

16

Plaintiff’s Motion for Judgment requests leave to file a motion for the Clerk of Court to

17

enter default judgment against Defendant Kroger Co. (“Kroger”) for failing to appear. (Mot.

18

Leave to File Request for Judgment 2:2–7, ECF No. 298). Not only has Kroger made

19

numerous appearances in this case, but the Court also issued an Order, (ECF No. 141), granting

20

Kroger’s Motion to Dismiss, (ECF No. 71), Plaintiff’s claims against it with prejudice.

21

The Court denies Plaintiff’s Motion for Judgement. Under Federal Rule of Civil

22

Procedure 55(b)(1), clerk’s entry of default is proper only if the defendant has not made an

23

appearance. Because Kroger has appeared in this action, and given that the Court has

24

dismissed Plaintiff’s claims against Kroger with prejudice, clerk’s entry of default would be

25

improper.

Page 1 of 2

1

Since the Court denies Plaintiff’s Motion for Judgment, the Court denies as moot

2

Plaintiff’s remaining Motions. The remaining Motions request leave to file necessary papers

3

associated with Plaintiff’s Motion for Judgment. In light of the Court’s denial of Plaintiff’s

4

Motion for Judgment, Plaintiff need not make the associated filings.

5

Accordingly,

6

IT IS HEREBY ORDERED that Plaintiff’s Motion for Leave to File Request for

7
8
9
10
11
12
13
14

Judgment, (ECF No. 298), is DENIED.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File Certificate of
Service as to Affidavit, (ECF No. 299), is DENIED as moot.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File Server Affidavit
of Service, (ECF No. 301), is DENIED as moot.
IT IS FURTHER ORDERED, that Plaintiff’s Motion for Leave to File Certificate of
Service, (ECF No. 302), is DENIED as moot.
7
DATED this _____ day of October, 2019.

15
16
17
18

___________________________________
Gloria M. Navarro, District Judge
United States District Court

19
20
21
22
23
24
25

Page 2 of 2