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Bostik, Inc v. J.E. Higgins Lumber Co.

UNITED STATES DISTRICT COURT Northern District of California


September 21, 2012

BOSTIK, INC,
PLAINTIFF,
v.
J.E. HIGGINS LUMBER CO., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Maria-Elena James Chief United States Magistrate Judge

ORDER DENYING MOTION FOR DEFAULT JUDGMENT 9 Re: Docket No.

For the Northern District of California For the Northern District of California For the Northern District of California COURT OURT 13 Pending before the Court is Plaintiff Bostik, Inc.'s Application for Default Judgment against C C

UNITED TATES TATES 17 requires a "two-step process," consisting of: (1) seeking the clerk's entry of default, and (2) filing a S S S 14 J.E. Higgins Lumber Company, filed September 20, 2012. Dkt. No. 8. Federal Rule of Civil Procedure 55 governs the entry of default by the clerk and the subsequent entry of default judgment 16 by either the clerk or the district court. The Ninth Circuit Court of Appeals has stated that Rule 55 18 motion for entry of default judgment. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir .1986) ("Eitel 19 apparently fails to understand the two-step process required by Rule 55."); Symantec Corp. v. Global

20 Impact, Inc., 559 F.3d 922, 923 (9th Cir.2009) (noting "the two-step process of 'Entering a Default' 21 and 'Entering a Default Judgment'"). In this case, default has not been entered against J.E. Higgins 22 Lumber Company. Thus, without first obtaining an entry of default against J.E. Higgins, Bostik, 23 Inc.'s motion for default judgment is improperly before this Court. Thus, the motion is DENIED 24 WITHOUT PREJUDICE. 25 IT IS SO ORDERED. 26 27

20120921

© 1992-2012 VersusLaw Inc.



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