D'Agostino v. Walsh et al

Filing 40

MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge William G. Cobb, on 3/7/2013, DENYING Plaintiff's 39 Motion for Default Judgment. (Copies have been distributed pursuant to the NEF - KR)

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
FRANK S. D’AGOSTINO,

)
)
Plaintiff,
)
vs.
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)
LISA WALSH, et al.,
)
)
Defendants.
)
___________________________________ )

3:12-cv-00065-RCJ-WGC
MINUTES OF THE COURT
March 7, 2013

PRESENT: THE HONORABLE WILLIAM G. COBB, U.S. MAGISTRATE JUDGE
DEPUTY CLERK: KATIE LYNN OGDEN

REPORTER: NONE APPEARING

COUNSEL FOR PLAINTIFF(S): NONE APPEARING
COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTE ORDER IN CHAMBERS:
Before the court is plaintiff’s “Motion for Entry of Default Judgment; and Documentary
Evidence of Damages Against Defendant Jeffery Wiley” (Doc. # 39). Plaintiff is apparently under
the misconception that Defendant Wiley has not made an appearance in this matter. The docket
herein reflects that on January 8, 2013, Defendant Wiley filed a Joinder in Defendants’ Motion to
Dismiss (Doc. # 33), which constitutes Defendant Wiley’s appearance herein.1
Default judgments are appropriate “only in extreme circumstance and the law favors a
decision on the merits whenever possible.” TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691,
696 (9th Cir. 2001).
Therefore, Plaintiff’s motion (Doc. # 39) is DENIED.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK

By:

1

/s/
Deputy Clerk

The docket also reflects that on January 18, 2013, Plaintiff filed an opposition to the joinder
(Doc. # 36). Therefore, Plaintiff is aware of and had notice of Defendant Wiley’s appearance herein.