Opinion
Civil Action No. 09-cv-02328-WYD-KLM.
January 28, 2010
ORDER
This matter is before the Court on Plaintiff's Notice to the Clerk, Entry of Default [Docket No. 57; Filed January 26, 2010] and (Motion for Default Judgment by Plaintiff) [Docket No. 60;Filed January 27, 2010] (the "Motions").
IT IS HEREBY ORDERED that the Motions are DENIED. Pursuant to Fed.R.Civ.P. 55(a), the Clerk must enter default "[w]hen a party . . . has failed to plead or otherwise defend . . ." Contrary to Plaintiff's contention, Defendants are not subject to default. Defendants filed a Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [Docket No. 54] on January 19, 2010. Therefore, default has not occurred and Plaintiff's Motions lack merit.