Moreira-Brown v. Las Vegas Review Journal Inc. et al

Filing 42

ORDER Granting Plaintiff's 37 Motion for Extension of Time re 34 Motion to Dismiss. Plaintiff's Responses due by 3/31/2017. Plaintiff's 41 Motion for Default Judgment is Denied. Signed by Judge Jennifer A. Dorsey on 3/8/2017. (Copies have been distributed pursuant to the NEF - SLD)

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 4 Herbert Moreira-Brown, 2:16-cv-02002-JAD-NJK 5 Plaintiff Order 6 v. 7 Las Vegas Review Journal, Inc., et al., 8 [ECF No. 37, 41] Defendants 9 10 After defendant April Ademiluyi filed a motion to dismiss1 pro se plaintiff Herbert 11 Moreira-Brown’s claims against her for lack of personal jurisdiction, Brown moved to extend his 12 deadline for response2 and for a default judgment against Ademiluyi.3 13 Brown claims that he needs extra time to prepare an appropriate opposition to 14 Ademiluyi’s motion to dismiss and a cross-motion because he’s currently preparing “to try a 15 criminal matter” in New York. Good cause appearing, I grant Brown’s request for an extension4 16 of his deadline to respond to Ademiluyi’s motion to dismiss. He must file his opposition by 17 March 31, 2017. 18 Brown also asks me to enter a default judgment against Ademiluyi because she had 19 agreed to respond to his complaint by February 7, 2017, but she failed to do so.5 Rule 55(a) of 20 the Federal Rules of Civil Procedure directs the clerk of court to enter a default against a party 21 who “has failed to plead or otherwise defend.” Although Ademiluyi’s response may be late, it 22 23 1 ECF No. 34. 2 ECF No. 37. 3 ECF No. 41. 4 ECF No. 37. 5 ECF No. 41. 24 25 26 27 28 1 has been filed, so Ademiluyi is not in default—she has appeared and is defending herself from 2 Brown’s claims by moving to dismiss the claims against her based on a claim that this court lacks 3 personal jurisdiction over her.6 Accordingly, Brown’s motion for a default judgment is denied.7 4 IT IS THEREFORE ORDERED that plaintiff’s motion for extension of time [ECF No. 5 37] is GRANTED; his response to Ademiluyi’s motion to dismiss [ECF No. 34] is extended to 6 March 31, 2017. 7 8 IT IS FURTHER ORDERED that plaintiff’s motion for default judgment [ECF No. 41] is DENIED. 9 DATED: March 8, 2017 10 _______________________________ ________________ _ _ _ _ _ Jennifer A. Dorsey A Dorsey or United States District Judge Jud udge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 ECF No. 41. 7 Had Brown filed his motion before Ademiluyi filed her motion to dismiss, the proper motion for Brown would have been one for the clerk to enter default under FRCP 55(a), not one for this court to enter default judgment under FRCP 55(b). In addition to waiting too long to file his motion, Brown skipped the FRCP 55(a) default step. 2

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