Lee v. Ho et al

Filing 12

ORDER Denying 11 Motion for Default Judgment. Signed by Judge James C. Mahan on 8/9/2012. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 ROBIN M. LEE, 9 10 11 2:12-CV-884 JCM (GWF) Plaintiff, v. PETER HO, et al., 12 Defendants. 13 14 ORDER 15 16 Presently before the court is plaintiff Robin M. Lee’s motion for entry of clerk’s default. Doc. #11 (improperly filed as a motion for default judgment). 17 As the court explained in its two previous order denying default judgment, the record before 18 this court does not reflect that any of the defendants have been served. As such, there is no basis for 19 the entry of default judgment. The court warns plaintiff that if she continues down this path of 20 intransigence, by refiling baseless motions for default without first filing executed summons 21 establishing that defendants have been served, the court will issue sanctions, resulting in the possible 22 dismissal of this case. 23 ... 24 ... 25 ... 26 ... 27 ... 28 James C. Mahan U.S. District Judge 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motion for 3 4 default judgment (doc. #11) be, and the same hereby is, DENIED. DATED August 9, 2012. 5 6 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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