Lee v. Ho et al

Filing 8

ORDER Denying 4 and 7 Motions for Default Judgment. Signed by Judge James C. Mahan on 6/26/2012. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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ROBIN M. LEE,

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2:12-CV-884 JCM (GWF)

Plaintiff,
v.
PETER HO, et al.,

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Defendants.
ORDER
Presently before the court is plaintiff Robin M. Lee’s motions for default judgment. Docs.
#4 and #7. The defendants have not responded.

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Default judgment is appropriate “when a party against whom a judgment for affirmative relief

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is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise.

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. .” Fed. R. Civ. P. 55. Obtaining a default judgment entails two steps: “first, the party seeking a

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default judgment must file a motion for entry of default with the clerk of a district court by

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demonstrating that the opposing party has failed to answer or otherwise respond to the complaint,

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and, second, once the clerk has entered a default, the moving party may then seek entry of a default

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judgment against the defaulting party.” See UMG Recordings, Inc. v. Stewart, 461 F. Supp. 2d 837,

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840 (S.D. Ill. 2006). Where a party has not been properly served, there is not basis for a court to

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enter default judgment. See Fairly v. Potter, 2003 WL 402261, *4 (N.D. Cal. 2003).

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Here, plaintiff Lee has not filed for entry of clerk’s default. Accordingly, the motion for

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default judgment should be denied as premature. Moreover, the record before this court does not

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James C. Mahan
U.S. District Judge

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reflect that any of the defendants have been served. As such, there is no basis for the entry of default

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judgment.

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s motions for

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default judgment (docs. #4 and #7) be, and the same hereby is, DENIED.
DATED June 26, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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