UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
April 29, 2013
U.S. COMMODITY FUTURES TRADING COMMISSION
MICHAEL J. LEIGHTON
The opinion of the court was delivered by: Honorable Philip S. Gutierrez, United States District Judge
CIVIL MINUTES - GENERAL
Present: The Honorable Philip S. Gutierrez, United States District Judge
Wendy K. Hernandez Not Present n/a Deputy Clerk Court Reporter Tape No.
Attorneys Present for Plaintiff(s): Attorneys Present for Defendant(s): Not Present Not Present
Proceedings: (In Chambers) Order DENYING Motion for Default Judgment
On March 13, 2013, Plaintiff U.S. Commodity Futures Trading Commission ("Plaintiff") filed a motion for default judgment against Defendant Michael J. Leighton ("Defendant"). Dkt. # 27. While Plaintiff has filed a notice of motion, there is no indication that the motion for default judgment has been served on Defendant because Plaintiff has not filed a proof of service as to the motion.*fn1 Because Defendant does not appear to be registered with the CM/ECF System, pursuant to Local Rule 5-3.3, Defendant must be served with the motion for default judgment in accordance with Local Rule 5-3.1, which requires a proof of service in accordance with Local Rule 5-3.2. See L.R. 5-3.1, 5-3.2, 5-3.3. Because Plaintiff has not filed an accompanying proof of service, the motion for default judgment is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.