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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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2:16-cv-01918-JAD-NJK

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LHF Productions, Inc., a Nevada corporation,
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Order Denying
Motion for Default

Plaintiff
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v.

[ECF No. 49]

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Derrick Boughton, et al.,
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Defendants
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Plaintiff LHF Productions, Inc. moved the Clerk of Court on June 22, 2017, to enter default

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against defendants Derrick Boughton, Jose Gallego, Tom Gyarfas, Daniell Templeton, Kristina

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Walsh, and John Werber. ECF No. 49. But default was already entered against these defendants on

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May 8, 2017, in response to an earlier-filed motion. ECF Nos. 39 (motion), 41 (clerk’s entry of

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default). Immediately after filing this June 22, 2017, motion, LHF filed a “Notice of Corrected

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Image” [ECF No. 50] noting that the earlier-filed motion was filed “in error and should be

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disregarded.” The court suspects that the intent of this notice [ECF No. 50] was to withdraw the

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newly filed motion [ECF No. 49], but the notice mistakenly references the earlier-filed and already-

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granted one. Regardless, IT IS HEREBY ORDERED that plaintiff’s motion for default [ECF No.

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49] is DENIED. Plaintiff is advised that, in the future, the proper vehicle for asking the court to

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disregard an erroneously filed motion is a notice of withdrawal.

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Dated this 26th day of July, 2017.

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Jennifer A. Dorsey
Dorsey
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United States District Judge
Judge
ud
d