LHF Productions, Inc. v. Does

Filing 53

ORDER Denying 49 Motion for Entry of Clerks Default. Signed by Judge Jennifer A. Dorsey on 7/26/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 2:16-cv-01918-JAD-NJK 4 LHF Productions, Inc., a Nevada corporation, 5 Order Denying Motion for Default Plaintiff 6 v. [ECF No. 49] 7 Derrick Boughton, et al., 8 Defendants 9 10 Plaintiff LHF Productions, Inc. moved the Clerk of Court on June 22, 2017, to enter default 11 against defendants Derrick Boughton, Jose Gallego, Tom Gyarfas, Daniell Templeton, Kristina 12 Walsh, and John Werber. ECF No. 49. But default was already entered against these defendants on 13 May 8, 2017, in response to an earlier-filed motion. ECF Nos. 39 (motion), 41 (clerk’s entry of 14 default). Immediately after filing this June 22, 2017, motion, LHF filed a “Notice of Corrected 15 Image” [ECF No. 50] noting that the earlier-filed motion was filed “in error and should be 16 disregarded.” The court suspects that the intent of this notice [ECF No. 50] was to withdraw the 17 newly filed motion [ECF No. 49], but the notice mistakenly references the earlier-filed and already- 18 granted one. Regardless, IT IS HEREBY ORDERED that plaintiff’s motion for default [ECF No. 19 49] is DENIED. Plaintiff is advised that, in the future, the proper vehicle for asking the court to 20 disregard an erroneously filed motion is a notice of withdrawal. 21 Dated this 26th day of July, 2017. 22 23 24 25 26 27 28 _________________________________ ___________________ _ _ _ _ Jennifer A. Dorsey Dorsey r United States District Judge Judge ud d

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