Duran

Duran v. City of Porterville

Good Law
United States District Court, Eastern District of CaliforniaJuly 1, 20221:22-cv-00614California410 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

8 EASTERN DISTRICT OF CALIFORNIA 10 JOHN DURAN, et al., Case No. 1:22-cv-00614-DAD-SAB 11 Plaintiffs, ORDER DENYING PLAINTIFFS’ REQUEST FOR ENTRY OF DEFAULT v. AND DIRECTING CLERK OF COURT TO ABSTAIN FROM ENTERING DEFAULT CITY OF PORTERVILLE, et al., (ECF No. 11) Defendants. 15 Plaintiffs, proceeding pro se, filed this action on May 23, 2022. (ECF No. 1.) Defendants were served on May 31, 2022. (ECF No. 4.) On June 21, 2022, all Defendants joined in and filed a motion to dismiss this action. (ECF No. 5.) On June 27, 2022, Plaintiffs filed a request for entry of default, proffering the Defendants have failed to plead or otherwise defend in this action. (ECF No. 11.) Rule 55 of the Federal Rules of Civil Procedure provides that “[w]hen a party against whom a judgment or affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk…

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