Opinion
Case No. 2:16-cv-00972-GMN-NJK
07-06-2016
GREENTREE FINANCIAL GROUP, INC., Plaintiff(s), v. WORLD NATION LIVE ENTERTAINMENT INC., Defendant(s).
ORDER
Pending before the Court is Plaintiff's motion for entry of clerk's default. Docket No. 12. Plaintiff submits that Defendant has failed to appear, despite having been served with a complaint and a summons issued by the Court. Docket No. 12-2 at 2. Accordingly, it requests entry of default against Defendant. Id. at 3.
When requesting entry of default under Federal Rule of Civil Procedure 55(a), the plaintiff must provide the clerk with the required proof of default. Tiesing v. 357 Customs Inc., 2008 WL 1970226, at *1 (E.D. Cal. May 5, 2008) (citations omitted). To prove default, plaintiff must show that service was effectuated on the defendant. Id.
Federal Rule of Civil Procedure 4 requires service of a summons along with the operative complaint. Fed.R.Civ.P. 4(c)(1). A summons must be "signed by the clerk" and "bear the court's seal." Fed.R.Civ.P. 4(a). "This is not a mere technicality." Taylor v. Logic 20/20 Inc., 2014 WL 1379603, *3 (W.D. Wash. Apr. 8, 2014). Rather, the issuance of a summons signed by the Clerk with the seal of the Court is an essential element of the Court's personal jurisdiction over the defendant. Id. (collecting authorities).
Here, there is no indication that Defendant was properly served with a summons issued by the Court Clerk bearing the Court's seal. Prior to the filing of the present motion, no summons were issued by the Court clerk in this case. See Docket. Further, Plaintiff attaches no valid summons to its motion. See Docket No. 12-2. Plaintiff has therefore failed to establish default. Accordingly, Plaintiff's motion for entry of clerk's default is hereby DENIED. See Taylor, 2014 WL 1379603, *3 (finding service ineffective for failure to attach valid summons).
IT IS SO ORDERED.
DATED: July 6, 2016
/s/_________
Nancy J. Koppe
United States Magistrate Judge