Opinion
No. CIV S-07-2113 FCD JFM PS.
February 13, 2008
ORDER
On January 31, 2008, plaintiff filed a request for entry of default based on defendants' alleged failure to timely appear in this action. On February 5, 2008, plaintiff filed a motion for summary judgment based on defendants' failure to answer the complaint. On February 7, 2008, the federal defendant filed an objection to plaintiff's request and motion. Defendant correctly points out that defendant's responsive pleading is not due until March 18, 2008. Fed.R.Civ.P. 12(a)(2).
Accordingly, plaintiff's request for default and motion for summary judgment are premature and will be denied without prejudice.
IT IS HEREBY ORDERED that plaintiff's January 31, 2008 request for entry of default (docket no. 18) and February 5, 2008 motion for summary judgment (docket no. 19) are denied without prejudice.