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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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GREENTREE FINANCIAL GROUP, INC.,
Plaintiff(s),

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WORLD NATION LIVE ENTERTAINMENT,
INC.,
Defendant(s).

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Case No. 2:16-cv-00972-GMN-NJK
ORDER
(Docket No. 21)

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Pending before the Court is Plaintiff’s motion for entry of default judgment. Docket No. 21.

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In this case, a default was entered as to Defendant. Docket No. 19. Once default has been entered,

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the plaintiff may apply to the Court for entry of default judgment pursuant to Federal Rule of Civil

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Procedure 55(b)(2). The choice whether a default judgment should be entered is at the sole

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discretion of the district court. See Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980).

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A defendant’s default alone does not entitle a plaintiff to a court-ordered judgment. See id.

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Instead, the Ninth Circuit has determined that a court should look at seven discretionary factors

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before rendering a decision on default judgment. See Eitel v. McCool, 782 F.2d 1470,1471-72 (9th

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Cir. 1986). These factors are: (1) the possibility of prejudice to the plaintiff; (2) the merits of

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plaintiff's substantive claim; (3) the sufficiency of the complaint; (4) the sum of money at stake in

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the action; (5) the possibility of a dispute concerning material facts; (6) whether the default was due

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to excusable neglect; and (7) the strong policy underlying the Federal Rules of Civil Procedure

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favoring decisions on the merits. Id. In applying these Eitel factors, “the factual allegations of the

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complaint, except those relating to the amount of damages, will be taken as true.” Geddes v. United

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Fin. Group, 559 F.2d 557, 560 (9th Cir. 1977); Televideo Sys., Inc. v. Heidenthal, 826 F.2d 915,

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917-18 (9th Cir. 1987). Plaintiff’s pending motion fails to address the Eitel factors. See Docket No.

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21.

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Accordingly, the Court hereby DENIES without prejudice Plaintiff’s motion for entry of

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default judgment. Docket No. 21. Any renewed motion for entry of default judgment must be filed

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no later than July 6, 2017, and shall address the Eitel factors outlined above.

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IT IS SO ORDERED.
DATED: June 22, 2017.
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Nancy J. Koppe
United States Magistrate Judge

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