(PS) Aussieker v. Lee

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK AUSSIEKER, 2:19-cv-00365-JAM-CKD PS Plaintiff, v. ORDER KEVIN LEE, et al., (ECF Nos. 20, 24) Defendants. 16 INTRODUCTION Presently before the court are pro se plaintiff Mark Aussieker’s motions for default judgment against defendant Kevin Lee. (ECF Nos 20, 24.) After defendant failed to file an opposition to the motion in accordance with Local Rule 230(c), the motion was submitted on the record and written briefing pursuant to Local Rule 230(g). (ECF No. 21.) For the reasons discussed below, the court DENIES plaintiff’s motion. BACKGROUND Plaintiff initiated this action on March 1, 2019, and filed an amended complaint on May

1 Defendant InsightfulREI was voluntarily dismissed by court order dated October 16, 2019. 26 (ECF No. 17.) 27 2 Plaintiff filed two nearly identical motions for default judgment. The court addresses the latter unless otherwise indicated. 23, 2019. (ECF Nos. 1, 5.)…