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

Filing 22

ORDER denying 21 Motion for Default Judgment; Any renewed motion for entry of default judgment must be filed no later than July 6, 2017. Signed by Magistrate Judge Nancy J. Koppe on 6/22/2017. (Copies have been distributed pursuant to the NEF - JM)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 DISTRICT OF NEVADA 10 11 12 GREENTREE FINANCIAL GROUP, INC., Plaintiff(s), 13 14 15 WORLD NATION LIVE ENTERTAINMENT, INC., Defendant(s). ) ) ) ) ) ) ) ) ) ) Case No. 2:16-cv-00972-GMN-NJK ORDER (Docket No. 21) 16 17 Pending before the Court is Plaintiff’s motion for entry of default judgment. Docket No. 21. 18 In this case, a default was entered as to Defendant. Docket No. 19. Once default has been entered, 19 the plaintiff may apply to the Court for entry of default judgment pursuant to Federal Rule of Civil 20 Procedure 55(b)(2). The choice whether a default judgment should be entered is at the sole 21 discretion of the district court. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980). 22 A defendant’s default alone does not entitle a plaintiff to a court-ordered judgment. See id. 23 Instead, the Ninth Circuit has determined that a court should look at seven discretionary factors 24 before rendering a decision on default judgment. See Eitel v. McCool, 782 F.2d 1470,1471-72 (9th 25 Cir. 1986). These factors are: (1) the possibility of prejudice to the plaintiff; (2) the merits of 26 plaintiff's substantive claim; (3) the sufficiency of the complaint; (4) the sum of money at stake in 27 the action; (5) the possibility of a dispute concerning material facts; (6) whether the default was due 28 to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil Procedure 1 favoring decisions on the merits. Id. In applying these Eitel factors, “the factual allegations of the 2 complaint, except those relating to the amount of damages, will be taken as true.” Geddes v. United 3 Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977); Televideo Sys., Inc. v. Heidenthal, 826 F.2d 915, 4 917-18 (9th Cir. 1987). Plaintiff’s pending motion fails to address the Eitel factors. See Docket No. 5 21. 6 Accordingly, the Court hereby DENIES without prejudice Plaintiff’s motion for entry of 7 default judgment. Docket No. 21. Any renewed motion for entry of default judgment must be filed 8 no later than July 6, 2017, and shall address the Eitel factors outlined above. 9 10 11 12 IT IS SO ORDERED. DATED: June 22, 2017. ______________________________________ Nancy J. Koppe United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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