Isaza v. Trotter et al

Filing 21

ORDER Denying Plaintiff's 19 Motion for Default Judgment. Signed by Judge Jennifer A. Dorsey on 02/25/2016. (Copies have been distributed pursuant to the NEF - NEV)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2:15-cv-00632-JAD-GWF

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Rigoberto Enrique Isaza,
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Plaintiff

Order Denying Plaintiff’s Motion for
Default Judgment

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v.
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[ECF 19]
Earl Marshal Trotter and Farmers Insurance,

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Defendants
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Pro se plaintiff Rigoberto Enrique Isaza sues Earl Marshal Trotter and Farmers Insurance for

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breach of contract and seeks a deficiency judgment and declaratory and injunctive relief.1 Neither

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defendant has been served or otherwise appeared. Nor has the Clerk of Court entered default against

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the defendants. Nonetheless, Isaza moves for default judgment on all claims.

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Isaza’s motion is premature. Unless a defendant has been served under Federal Rule of Civil

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Procedure 4, the court lacks personal jurisdiction over that defendant.2 Without personal

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jurisdiction, the Clerk of Court cannot enter default against a defendant and I cannot enter judgment

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in a plaintiff’s favor.3 Because Isaza has not satisfied any of these prerequisites, his motion for

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default judgment is denied.

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Accordingly, IT IS HEREBY ORDERED that Rigoberto Enrique Isaza’s motion for default
judgment (ECF 19) is DENIED.

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Dated this ___ day of February, 2016

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_________________________________
______________________
_ ___ ___ __ _
_
Jennifer A. Dorsey
ennifer A.
ni
y
United States District Judge
ed States District Judg
d ta
ri
rict

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ECF 17.

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2

S.E.C. v. Ross, 504 F.3d 1130, 1140 (9th Cir. 2007) (citation omitted).

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3

See J & J Sports Prods., Inc. v. Guzman, No. 2:12-CV-01483-RCJ, 2013 WL 1003600, at *1 (D.
Nev. Mar. 12, 2013) (outlining the two-step process a plaintiff must follow to obtain default
judgment).