Firebaugh v. The United States of America et al

Filing 28

ORDERED that Firebaugh's # 12 Motion for Entry of Default is DENIED. Signed by Judge Larry R. Hicks on 2/2/2013. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***
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CURTIS FIREBAUGH, an individual

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Plaintiff,

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v.

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THE UNITED STATES OF AMERICA;
BRIAN BERTOLINI, an individual; TIM
VEDDER, an individual; and DOES I-X,
inclusive,

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Defendants.
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3:12-CV-00242-LRH-WGC

ORDER

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Before the court is Plaintiff Curtis Firebaugh’s Motion for Entry of Default against all

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defendants (#121). Federal Rule of Civil Procedure 55(a) provides, “When a party against whom a

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judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is

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shown by affidavit or otherwise, the clerk must enter the party’s default.” Here, Firebaugh’s motion

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was not supported by the proper showing, as the Clerk of Court informed him (#13). Firebaugh’s

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motion will therefore be denied.

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Refers to the court’s docket number.

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IT IS THEREFORE ORDERED that Firebaugh’s Motion for Entry of Default (#12) is
DENIED.

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IT IS SO ORDERED.

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DATED this 2nd day of February, 2013.

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__________________________________
LARRY R. HICKS
UNITED STATES DISTRICT JUDGE

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