Moreno v. Cortez-Masto et al

Filing 43

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb on 1/19/2012. Plaintiff's request for entry of default was denied, and Plaintiff cannot seek the entry of default judgment. Therefore, the court finds Plaintiff's request is redundant and immaterial. Defendants motion 37 is GRANTED. IT IS SO ORDERED. By Deputy Clerk: Jennifer Cotter. (Copies have been distributed pursuant to the NEF - MLC)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
JOSEPH MORENO,

)
)
Plaintiff,
)
)
vs.
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CORTEZ-MASTO, et al.,
)
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Defendants.
)
____________________________)
PRESENT:

3:11-cv-00179-ECR (WGC)
MINUTES OF THE COURT
January 19, 2012

THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE

DEPUTY CLERK:

JENNIFER COTTER

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is Defendants’ Motion to Strike Doc. # 36. (Doc. # 37.) Plaintiff
opposed (Doc. # 39), and Plaintiff replied (Doc. # 40). Doc. # 36, filed by Plaintiff on July 28,
2011, is titled, “Notice to the Court of Defendants Noncorporation [sic] With Screening Order
and Request for Default Judgment.” (Doc. # 36.) Plaintiff claims that Defendants have not
complied with the screening order because they did not timely file an answer. (Id.) Accordingly,
Plaintiff asserts Defendants are in default and requests that default judgment be entered against
Defendants in the amount of seven million dollars. (Id.)
Defendants move to strike Doc. # 36 because the court previously denied Plaintiff’s
request to enter default, and this motion simply repeats what Plaintiff asserted in his previous
motion to enter default. (Doc. # 37.)
“The court may strike...any redundant, immaterial, impertinent, or scandalous matter.”
Fed. R. Civ. P. 12(f).
Defendants are correct that Plaintiff previously moved for entry of clerk’s default, on
June 23, 2011. (Doc. # 25.) Defendants are also correct that the court denied this motion,
finding no basis to grant plaintiff’s motion for entry of default against defendants. (Doc. # 35.)
Notwithstanding this order, Plaintiff now seeks the entry of default judgment against Defendants.
(Doc. # 36.)

Federal Rule of Civil Procedure 55 governs the entry of default and default judgment.
Fed. R. Civ. P. 55. Under Rule 55(a), the clerk must enter default “[w]hen a party against
whom a judgment for affirmative relief is sought and has failed to plead or otherwise defend, and
that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 55(a). Under Rule 55(b),
default judgment is entered as follows:
(1) By the Clerk. If the plaintiff’s claim is for a sum certain or a sum that can be
made certain by computation, the clerk- on the plaintiff’s request, with an
affidavit showing the amount due- must enter judgment for that amount and costs
against a defendant who has been defaulted for not appearing and who is neither a
minor nor an incompetent person.
(2) By the Court. In all other cases, the party must apply to the court for a default
judgment...
Fed. R. Civ. P. 55(b).
A prerequisite to the entry of default judgment is the entry of default by the clerk. Fed.
R. Civ. P. 55. Here, Plaintiff’s request for entry of default was denied, and Plaintiff cannot seek
the entry of default judgment. Therefore, the court finds Plaintiff’s request is redundant and
immaterial.
Accordingly, Defendants’ motion (Doc. # 37) is GRANTED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By: /s/
Deputy Clerk