Metro PCS v. A2Z Connection, LLC et al
Filing
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ORDER denying ECF No. 35 Motion for Default Judgment. Signed by Judge Jennifer A. Dorsey on 6/21/16. (Copies have been distributed pursuant to the NEF - JC)
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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MetroPCS, a brand of T-Mobile USA, Inc.,
2:15-cv-01412-JAD-CWH
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Plaintiff
Order Denying Motion for Default
Judgment Without Prejudice
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v.
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A2Z Connection, LLC, et al.,
Defendants
[ECF No. 35]
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Metro PCS sued A2Z Connection, LLC., A2Z, LLC, and three of their agents, Amir, Asim,
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and Seher Qureshi, for trademark infringement and related claims, seeking monetary damages and
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permanent injunctive relief.1 Defaults have been entered against all defendants,2 and Metro PCS
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now moves for a default judgment.3 Because Metro PCS failed to address the Eitel factors in its
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motion, I deny the motion without prejudice.4
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Discussion
A.
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Default judgment under FRCP 55
When the clerk has entered a default against a party, Rules 54(b) and 55 of the Federal Rules
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of Civil Procedure permit the court to enter a default judgment.5 The Ninth Circuit in Eitel v.
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McCool set forth seven factors that govern the district court’s decision whether to enter a default
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judgment: (1) potential prejudice to the plaintiff; (2) the merits of the plaintiff’s substantive claim;
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(3) the sufficiency of the complaint; (4) the amount of money at stake in the action; (5) the potential
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ECF No. 1.
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ECF Nos. 23, 31, 33.
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ECF No. 35.
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I find this motion suitable for disposition without oral argument. L.R. 78-1.
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Eitel v. McCool, 782 F.2d at 1470, 1471 (9th Cir. 1986); Trustees of the Bricklayers & Allied
Craftworkers Local 13 Defined Contribution Pension Trust for S. Nev. v. Tumbleweed Dev., Inc.,
2013 WL 143378, at *2 (D. Nev. Jan. 11, 2013) (citing Eitel).
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disputes as to material facts; (6) whether the default was due to excusable neglect; and (7) the strong
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federal policy favoring adjudications on the merits.6
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Except for the amount of money at stake and the merits of Metro PCS’s substantive claims,
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Metro PCS’s motion does not address the Eitel factors. Metro PCS has thus left me without the
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guidance and information I need to determine whether a default judgment is warranted. I therefore
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deny Metro PCS’s motion without prejudice to its ability to file a new motion that addresses the Eitel
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factors and explains why these factors warrant the judgment that Metro PCS requests.7
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Conclusion
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Accordingly, IT IS HEREBY ORDERED that Metro PCS’s motion for entry of default
judgment [ECF No. 35] is DENIED without prejudice.
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Dated this 21st day of June, 2016.
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_________________________________
____ __________________
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__ _____ _
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Jennifer A
Jennifer A. Dorsey
n
United States District Judge
ed ta
ed States
ct ud
ct Judge
ud
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See Eitel, 782 F.2d at 1471–72.
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See, e.g., Rimlinger v. Shenyang 245 Factory, 2014 WL 2527147 (D. Nev. June 4, 2014); Neumont
University, LLC v. Little Bizzy, LLC, 2014 WL 2112938 (D. Nev. May 20, 2014); U.S. S.E.C. v.
Brandonisio, 2013 WL 5371626 (D. Nev. Sept. 24, 2013); Trustees of Teamsters Local 631 Sec.
Fund for Southern Nevada v. Knox Installation-Dismantling and Services, Inc., 2013 WL 4857897
(D. Nev. Sept. 9, 2013).
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