Opinion
No. CIV S-05-2632 GEB PAN PS.
February 9, 2006
ORDER
Plaintiff requests entry of default and moves for default judgment against 26 of the 40 defendants named in this action. The March 8, 2006, hearing on plaintiff's motion, originally noticed for March 1, 2006, is vacated, and the court issues this order.
Plaintiff seeks default and default judgment against Arnold Schwarzenegger, Bill Lockyear, County of Sacramento, Lou Blanas, Jan Scully, Albert Locher, Rebecca Lobre, City of Sacramento, Heather Fargo, Bonnie Pannell, Robbie Waters, Officer Baily, Officer Pease, Jerry Meyer, Rheba Chastain, Dean Leuder, Investigator Freitas #680, Investigator Sutton #517, Diana Fouts, Edward Brenner, Thomas Hogan, Ed Flint, Mark Bearor, Deputy Kawamoto #1177, Deputy Keller #1185, and Lt. Bravos #54.
Default may be entered only against a party who has been served with process, Fed.R.Civ.P. 4, and failed to plead or otherwise defend an action, Fed.R.Civ.P. 55(a).
Thirteen of these defendants have filed motions to dismiss. Accordingly, plaintiff's request for default is denied as to defendants Arnold Schwarzenegger, Bill Lockyear, County of Sacramento, Lou Blanas, Jan Scully, Albert Locher, Rebecca Lobre, Ed Flint, Mark Bearor, Deputy Kawamoto #1177, Deputy Keller #1185, Lt. Bravos #54, and Thomas Hogan.
There is no proof plaintiff served process upon Officer Pease; accordingly, plaintiff's request for default against Officer Pease is denied.
Four defendants state they have not been served with process and will not make an appearance. This statement is consistent with plaintiff's purported proof of service against these defendants, which fails to comply with Fed.R.Civ.P. 4(e). Accordingly, plaintiff's request for default against the City of Sacramento, Heather Fargo, Bonnie Pannell, Robbie Waters, is denied.
The only record of service of process upon defendants Jerry Meyer, Rheba Chastain, Dean Leuder, Investigator Freitas #680, Investigator Sutton #517, Diana Fouts, Officer Baily, and Edward Brenner fails to comply with Fed.R.Civ.P. 4(e). Accordingly, plaintiff's request for default against these defendants is denied.
As default may not be entered against any of these defendants, plaintiff's motion for default judgment is also denied.
So ordered.