Clark v. New Century Mortgage Company et al

Filing 23

ORDER denying 22 Motion for Entry of Clerks Default. Signed by Judge Jennifer A. Dorsey on 7/6/2017. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Alfred Clark,

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2:17-cv-01065-JAD-VCF

Plaintiff
Order Denying Motion for Default

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v.

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New Century Mortgage Company, et al.,

[ECF No. 22]
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Defendants

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Plaintiff Alfred Clark requests “entry of default judgment” against defendant U.S. Bank.1

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This request is premature. The Clerk of Court may only enter default against a party when the

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deadline for its response has passed without any appearance. U.S. Bank’s response is not yet late;

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the Magistrate Judge gave U.S. Bank until July 10, 2017, to answer or otherwise respond to Clark’s

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lawsuit.2 And Rule 55 of the Federal Rules of Civil Procedure, which governs defaults and default

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judgments, requires that a default be entered by the Clerk of Court before a default judgment can be

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requested. Because the Clerk has not yet entered—and cannot yet enter—default against U.S. Bank,

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Clark’s request for a default judgment is fatally early.

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Accordingly, IT IS HEREBY ORDERED that Clark’s Motion for Entry of Default Judgment

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Against U.S. Bank [ECF No. 22] is DENIED.

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Dated this 6th day of July, 2017

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_________________________________
Jennifer A. Dorsey
United States District Judge

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ECF No. 22.

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ECF No. 20 (minutes).