(PS) Stiles v. Procter & Gamble Co.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SHARIDAN STILES, No. 2:23-CV-0474-DAD-DMC Plaintiff, v. ORDER PROCTOR & GAMBLE COMPANY, Defendant. 16 Plaintiff, who is proceeding pro se, brings this civil action. Pending before the Court is Plaintiff’s motion, ECF No. 9, for default judgment. Plaintiff’s motion will be denied as premature because Plaintiff has not requested, nor has the Clerk of the Court entered, Defendant’s default on the docket. See Fed. R. Civ. P. 55. To the extent the Court construes Plaintiff’s motion as a request for entry of default, such request will be denied because, as Defendant notes in its opposition to Plaintiff’s motion, service has not been properly accomplished pursuant to Federal Rule of Civil Procedure 4.1 / / /

While Plaintiff has submitted a proof of service showing service on Proctor & Gamble Company via an agent in California, and while this can provide prima facie evidence of proper service of process,…