Opinion
3:12-cv-00065-RCJ-WGC
03-07-2013
FRANK S. D'AGOSTINO, Plaintiff, v. LISA WALSH, et al., Defendants.
COUNSEL FOR PLAINTIFF(S): NONE APPEARING COUNSEL FOR DEFENDANT(S): NONE APPEARING
MINUTES OF THE COURT
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.
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.
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: _________
Deputy Clerk