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Fleming v. Branchfeld & Associates

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 19, 2009

SHIRLEY R. FLEMING, PLAINTIFF,
v.
BRANCHFELD & ASSOCIATES, P.C., DEFENDANT.

The opinion of the court was delivered by: M. James Lorenz United States District Court Judge

ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT

On February 18, 2009 Plaintiff filed a motion requesting the Clerk to enter default as provided in Federal Rule of Civil Procedure 55(a). The request is DENIED for two reasons. First, the request is moot. Pursuant to Plaintiff's earlier request, the clerk entered default on July 11, 2008. Second, Plaintiff seeks entry of default on the ground that Defendant failed to engage in settlement discussions. Such failure is not one of the permissible grounds upon which the clerk may enter default. See Fed. R. Civ. Proc. 55(a).

IT IS SO ORDERED.

20090219

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