Poorsina
Poorsina v. Tseng
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALI POORSINA, Case No. 20-cv-09122-AGT
Plaintiff,
ORDER DENYING MOTION FOR
v. DEFAULT JUDGMENT
TAN TSENG, et al., Re: Dkt. No. 19 Defendants.
12 Before the Court is pro se plaintiff Ali Poorsina’s motion for default judgment against all defendants. Dkt. 19. The motion is denied as procedurally improper. Obtaining a default judgment in federal court involves a two-step process: (1) seeking a clerk’s entry of default under Rule 55(a), and (2) filing a motion for entry of default judgment under Rule 55(b). Fed. R. Civ. P. 55(a), (b); Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986) (recognizing “two-step process required by Rule 55”); Symantec Corp. v. Glob. Impact, Inc., 559 F.3d 922, 923 (9th Cir. 2009) (noting Rule 55’s “two-step process of ‘Entering a Default’ and ‘Entering a Default Judgment’”). When the clerk has not entered default against a defendant, a motion for default judgement against that…