(PS) Quantum Capital Funding Corporation v. PDI Group, Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 QUANTUM CAPITAL FUNDING No. 2:18-cv-03279-WBS-KJN PS

CORPORATION,

12 Plaintiff, ORDER v. (ECF No. 46) PDI GROUP, INC., et al., 15 Defendants. 16 The court is in receipt of plaintiff’s January 14, 2021 affidavit requesting that the Clerk of Court enter default judgment against each of the four defendants in this action, pursuant to Federal Rule of Civil Procedure 55(b)(1). (ECF No. 46.) This affidavit is not a proper method of seeking default judgment in this action. Rule 55(b)(1) “applies only to parties who have never appeared in the action.” Direct Mail Specialists, Inc. v. Eclat Computerized Techs., Inc., 840 F.2d 685, 689 (9th Cir. 1988) (quoting Wright & Miller); see Fed. R. Civ. P. 55(b)(1) (permitting entry of default judgment by the clerk for certain types of claims “against a defendant who has been defaulted for not appearing”) (emphasis added). Where the defendant has appeared, “a default entered by the clerk is…