LHF Productions, Inc. v. Does

Filing 50

ORDER Denying 47 Motion for Entry of Clerks Default. The court will resolve LHF's motion to dismiss Kabala's counterclaim in the normal course. Signed by Judge Jennifer A. Dorsey on 5/9/17. (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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LHF Productions, Inc.,

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Case No.: 2:16-cv-02028-JAD-NJK

Plaintiff,
Order Denying Motion
for Default Judgment

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vs.

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Agustin Bertolin, et al.,

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[ECF No. 47]

Defendants

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Pro se defendant Brian Kabala responded to LHF Productions, Inc.’s lawsuit with an answer

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and counterclaim.1 LHF’s response to that counterclaim was a motion to dismiss it.2 Kabala now

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asks the Clerk of Court to enter a default against LHF under FRCP 55(a) because LHF filed no reply

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in support of its motion to dismiss, and the deadline for that reply has passed.3
The entry of default is only authorized when a party has completely failed to answer or

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otherwise respond to claims. See Fed. R. Civ. Proc. 55(a). LHF did respond to Kabala’s

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counterclaims: it filed a motion to dismiss. Reply briefs are optional, and LHF’s failure to file one

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does not subject it to default under FRCP 55(a).
Accordingly, IT IS HEREBY ORDERED that Brian Kabala’s Motion for Default [ECF

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No. 47] is DENIED. The court will resolve LHF’s motion to dismiss Kabala’s counterclaim in the

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normal course.
DATED: May 9, 2017.

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_________________________________
________________
_ _ _ _ _
JENNIFER A. DORSEY
FER A. DORSEY
R
S Y
UNITED STATES DISTRICT JUDGE
D
DISTRI
IST

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ECF No. 22.

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2

ECF No. 28.

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ECF No. 47.