Greentree Financial Group, Inc.,v. World Nation Live Entertainment, Inc.

Filing 14

ORDER Denying #12 Motion for Entry of Clerks Default. Signed by Magistrate Judge Nancy J. Koppe on 7/6/16. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GREENTREE FINANCIAL GROUP, INC.,
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Plaintiff(s),
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vs.
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WORLD NATION LIVE ENTERTAINMENT
INC.,
Defendant(s).

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Case No. 2:16-cv-00972-GMN-NJK
ORDER

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Pending before the Court is Plaintiff’s motion for entry of clerk’s default. Docket No. 12.
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Plaintiff submits that Defendant has failed to appear, despite having been served with a complaint and
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a summons issued by the Court. Docket No. 12-2 at 2. Accordingly, it requests entry of default against
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Defendant. Id. at 3.
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When requesting entry of default under Federal Rule of Civil Procedure 55(a), the plaintiff must
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provide the clerk with the required proof of default. Tiesing v. 357 Customs Inc., 2008 WL 1970226,
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at *1 (E.D. Cal. May 5, 2008) (citations omitted). To prove default, plaintiff must show that service was
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effectuated on the defendant. Id.
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Federal Rule of Civil Procedure 4 requires service of a summons along with the operative
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complaint. Fed.R.Civ.P. 4(c)(1). A summons must be “signed by the clerk” and “bear the court's seal.”
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Fed.R.Civ.P. 4(a). “This is not a mere technicality.” Taylor v. Logic 20/20 Inc., 2014 WL 1379603,
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*3 (W.D. Wash. Apr. 8, 2014). Rather, the issuance of a summons signed by the Clerk with the seal of
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the Court is an essential element of the Court’s personal jurisdiction over the defendant. Id. (collecting

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authorities).

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Here, there is no indication that Defendant was properly served with a summons issued by the

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Court Clerk bearing the Court’s seal. Prior to the filing of the present motion, no summons were issued

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by the Court clerk in this case. See Docket. Further, Plaintiff attaches no valid summons to its motion.

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See Docket No. 12-2. Plaintiff has therefore failed to establish default. Accordingly, Plaintiff’s motion

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for entry of clerk’s default is hereby DENIED. See Taylor, 2014 WL 1379603, *3 (finding service

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ineffective for failure to attach valid summons).

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IT IS SO ORDERED.

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DATED: July 6, 2016

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______________________________________
Nancy J. Koppe
United States Magistrate Judge

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