Opinion
Case No. 2:16-cv-02416-GMN-NJK
11-10-2016
BRENT MORRIS, Plaintiff(s), v. BOYD GAMING CORPORATION, et al., Defendant(s).
ORDER (Docket No. 15)
Pending before the Court is Plaintiff's motion for entry of default judgment against Defendant Rachel Martines. Docket No. 15. Plaintiff is litigating this matter pro se, and the Court construes his filings liberally. See, e.g., Berhardt v. Los Angeles County, 339 F.3d 920, 925 (9th Cir. 2003). Obtaining a default judgment is a two-step process, by which the movant must first obtain default. See, e.g., Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986); Fed. R. Civ. P. 55(a). Once a default has been obtained, then a plaintiff may seek default judgment. See Fed. R. Civ. P. 55(b).
The pending motion appears to conflate default and default judgment. In light of Plaintiff's pro se status, the Court CONSTRUES the pending motion as one seeking entry of default and REFERS the motion to the Clerk's Office. // // // //
To the extent the pending motion seeks entry of default judgment, it is DENIED as premature. In the event that a default is entered, Plaintiff may then file a motion for default judgment.
The Court is expressing no opinion herein as to whether entry of default or default judgment is proper. --------
IT IS SO ORDERED.
DATED: November 10, 2016
/s/_________
NANCY J. KOPPE
United States Magistrate Judge