Leonard v. Nasr

Full title: MICHAEL DOUGLAS LEONARD et al., Plaintiffs, v. TAMAZ NASR, Defendant.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Dec 30, 2014

3:14-cv-00233-RCJ-WGC (D. Nev. Dec. 30, 2014)

Opinion

3:14-cv-00233-RCJ-WGC

12-30-2014

MICHAEL DOUGLAS LEONARD et al., Plaintiffs, v. TAMAZ NASR, Defendant.

ROBERT C. JONES United States District Judge

ORDER

This case arises out of a collision between a car and a bicycle. Pending before the Court is a Motion for Default Judgment (ECF No. 5). Obtaining default judgment is a two-step process under Rule 55. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). First, the party seeking a default judgment must petition the Clerk to enter default. Fed. R. Civ. P. 55(a). Second, the party must petition the Clerk or the Court for a default judgment, depending upon whether a sum certain is requested. Fed. R. Civ. P. 55(b)(1)-(2). Here, there is no evidence of default having been entered by the Clerk. Plaintiffs must ask the Clerk to enter default before asking the Court (or the Clerk) for a default judgment.

CONCLUSION

IT IS HEREBY ORDERED that the Motion for Default Judgment (ECF No. 5) is DENIED.

IT IS SO ORDERED. Dated this 30th day of December, 2014.

/s/_________

ROBERT C. JONES

United States District Judge