McGee

McGee v. The City of Hercules

Bad Law
United States District Court, Northern District of CaliforniaMay 9, 20243:23-cv-05161California261 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 ANTHONY MCGEE, Case No. 23-cv-05161-TSH Plaintiff,

ORDER DENYING MOTION FOR

Vv. ENTRY OF DEFAULT AND DEFAULT

JUDGMENT

THE CITY OF HERCULES, et al., Re: Dkt. No. 26 Defendants. 11 qg Plaintiff Anthony McGee, who is representing himself, has filed a motion for entry of

13 || default and default judgment against Defendants The City of Hercules and Hercules Police

v || Department. ECF No. 26. Pursuant to Federal Rule of Civil Procedure 55(a), default may be

|| entered “[w]hen a party against whom a judgment for affirmative relief is sought has failed to 16 || plead or otherwise defend.” As Defendants filed an Answer (ECF No. 11) and are actively

= || defending themselves in this matter, default is inappropriate. Further, entry of default is a

18 || prerequisite for bringing a motion for default judgment under Rule 55(b). See Symantec Corp. v. || Glob. Impact, Inc., 559 F.3d 922, 923 (9th Cir.…

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