Archer v. Woodrel, Inc.

Filing 13

ORDER Denying without prejudice 9 Motion for Default Judgment. Signed by Judge Jennifer A. Dorsey on 1/22/2015. (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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Leroi Archer,

Case No.: 2:14-cv-622-JAD-VCF

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Plaintiff,

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v.

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Woodrel, Inc.,

Order Denying Without Prejudice
Plaintiff’s Motion for Default
Judgment [Doc. 9]

Defendant.

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Leroi Archer sued Woodrel, Inc. on April 22, 2014. Doc. 1. Woodrel failed to plead

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or otherwise respond within the time required by the Federal Rules of Civil Procedure, and

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the Clerk of Court entered default against Woodrel. Docs. 6, 7, 8. Archer now moves for a

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default judgment against Woodrel. Doc. 9. His motion recites undisputed facts, outlines

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Woodrel’s alleges FDCPA and NRS violations, and discusses the damages Archer believes

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he is entitled to. Doc. 9. And Archer attaches an affidavit from Kimberly J. Cooper,

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Archer’s attorney of record, who details the attorney’s fees Archer has incurred. Doc. 9-1.

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When considering whether to enter a default judgment, a district court in the Ninth

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Circuit considers the seven factors outlined in Eitel v. McCool, 782 F.2d 1470, 1471–72 (9th

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Cir. 1986): (1) potential prejudice to the plaintiff; (2) the merits of the plaintiff’s substantive

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claim; (3) the sufficiency of the complaint; (4) the amount of money at stake in the action; (5)

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the potential disputes as to material facts; (6) whether the default was due to excusable

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neglect; and (7) the strong federal policy favoring adjudications on the merits. Archer’s

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motion fails to reference this controlling authority, let alone apply the Eitel factors to this

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case. I therefore deny his motion without prejudice to Archer’s filing of a renewed motion

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with a properly supported discussion of why the Eitel factors justify the entry of the default

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judgment he now seeks.

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Conclusion

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Accordingly, IT IS HEREBY ORDERED that Archer’s Motion for Entry of Default
Judgment [Doc. 9] is DENIED WITHOUT PREJUDICE.
DATED: January 22, 2015.
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r Dorsey
y
Jennifer A. Dorsey
i
d
United States District Judge