Iliya
Iliya v. United States Marshalls Service
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DAUDA ILIYA, Case No. 24-cv-03720-TSH
Plaintiff,
ORDER DENYING MOTION FOR
v. DEFAULT JUDGMENT
UNITED STATES MARSHALS SERVICE, Re: Dkt. No. 16 Defendant.
12 On October 11, 2024, Plaintiff Dauda Iliya filed a Motion for Default Judgment pursuant to Federal Rule of Civil Procedure 55(b). ECF No. 16. The Ninth Circuit has stated that Rule 55 requires a “two-step process” consisting of: (1) seeking a clerk’s entry of default, and (2) filing a motion for the entry of default judgment. See Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986) (“Eitel apparently fails to understand the two-step process required by Rule 55.”); Symantec Corp. v. Global Impact, Inc., 559 F.3d 922, 923 (9th Cir. 2009) (noting “the two-step process of ‘Entering a Default’ and ‘Entering a Default Judgment’”). In light of the requirement to obtain entry of default before seeking default judgment, courts regularly deny motions for default…