Ward v. CM Securities LLC

Filing 23

ORDER denying as premature 22 Motion for Default Judgment. Plaintiff here has not obtained default. Signed by Magistrate Judge Nancy J. Koppe on 3/2/2015. (Copies have been distributed pursuant to the NEF - DKJ)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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BRENDA Y. WARD,
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Plaintiff(s),
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v.
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CM SECURITIES, LLC,
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Defendant(s).
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Case No. 2:13-cv-02208-GMN-NJK
ORDER DENYING MOTION FOR
DEFAULT JUDGMENT
(Docket No. 22)

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Pending before the Court is Plaintiff’s motion for entry of default judgment. Docket No. 22.

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Rule 55 provides a two-step process for obtaining default judgment: (1) obtaining a default against a

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non-appearing defendant pursuant to Rule 55(a); and (2) obtaining a default judgment against a defaulted

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defendant pursuant to Rule 55(b). See Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). A motion

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for entry of default judgment is premature and will be denied if it is filed before obtaining default. See,

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e.g., Bach v. Mason, 190 F.R.D. 567, 574 (D. Id. 1999).

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Plaintiff here has not obtained default. Accordingly, the motion for entry of default judgment
is DENIED as premature.

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IT IS SO ORDERED.

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DATED: March 2, 2015

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Nancy J. Koppe
United States Magistrate Judge