1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MAX L. WEISS, Case No.: 22-CV-1098 JLS (AHG)

12 Plaintiff,

ORDER DENYING REQUEST FOR

13 v. CLERK’S ENTRY OF DEFAULT

JUDGMENT

14 EQUIFAX INFORMATION SERVICES

LLC; and US DEPARTMENT OF 15 (ECF No. 9)

EDUCATION,

16 Defendants. 17 18 19 20 Presently before the Court is Plaintiff Max L. Weiss’s Request for Clerk’s Entry of 21 Default Judgment (“Req.,” ECF No. 9). For the following reasons, the Court DENIES 22 WITHOUT PREJUDICE Plaintiff’s Request. 23 Generally, a defendant must serve an answer to a plaintiff’s complaint “within 21 24 days after being served with the summons and complaint.” Fed. R. Civ. P. 12(a)(1)(A)(i). 25 The time to file an answer is extended to “within 60 days after service,” however, when 26 the United States, a United States agency, or United States officers or employees are named 27 as defendants. Fed. R. Civ. P. 12(a)(3). If a defendant fails to answer a plaintiff’s 28 complaint within the allotted time, and such failure “is shown by affidavit or otherwise, the 1 ||clerk must enter the party’s default.” Fed. R. Civ. P. 55(a). If the claim is for “a sum 2 || certain,” the Clerk must enter judgment against the defendant for the amount shown in the 3 || plaintiffs affidavit, so long as the defendant is neither a minor nor an incompetent person. 4 || Fed. R. Civ. P. 55(b)(1). 5 Here, Plaintiff has requested the Clerk’s Entry of Default Judgment against 6 || Defendant U.S. Department of Education, alleging that Defendant has failed to defend the 7 || case because more than 21 days have passed since Defendant was served on July 28, 2022. 8 ECF No. 3. However, as an agency of the United States, Defendant has 60 days after 9 || service to respond to Plaintiff's complaint. See Fed. R. Civ. P. 12(a)(3); see also McInerney 10 ||v. U.S. Dep’t of Educ., No. 317CV00346MMDWGC, 2017 WL 4560139, at *1 n.1 (D. 11 || Nev. Oct. 11,2017) (‘[T]he Department of Education is permitted 60 days to file an answer 12 a complaint or to file a motion to dismiss.”). As such, Defendant has not yet failed to 13 ||defend the case, and default judgment may not yet be entered against Defendant. 14 || Accordingly, the Court DENIES WITHOUT PREJUDICE Plaintiff's Request (ECF No. 15 16 IT IS SO ORDERED. 17 Dated: August 26, 2022 jae Lb monaitenus- 18 on. Janis L. Sammartino 19 United States District Judge 20 21 22 23 24 25 26 27 28