Bertram v. Sizelove, et al
Filing
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ORDER DENYING Plaintiff's Motions for Entry of Default 24 , signed by Magistrate Judge Gerald B. Cohn on 6/24/11. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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TIMOTHY BERTRAM,
Plaintiff,
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CASE NO. 1:10-cv-00583-GBC (PC)
ORDER DENYING PLAINTIFF’S MOTIONS
FOR ENTRY OF DEFAULT
v.
(ECF No. 24)
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J. HEINZLER, et al.,
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Defendants.
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ORDER
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This is a civil rights action filed pursuant to 42 U.S.C. § 1983 by Plaintiff Timothy
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Bertram, a state prisoner proceeding pro se and in forma pauperis. Plaintiff filed a request
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for Entry of Default on June 17, 2011. (ECF No. 24.) On June 10, 2011, Defendants
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Sizelove and Heinzler filed a Motion for Extension of Time, which was granted. (ECF Nos.
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22 & 23.)
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Default judgment is ordinarily disfavored, and cases should be decided on their
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merits whenever reasonably possible. Westchester Fire Ins. Co. v. Mendez, 585 F.3d
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1183, 1189 (9th Cir. 2007); Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986). The decision
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to enter default judgment is within the discretion of the court, and factors which may be
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considered include (1) the possibility of prejudice to the plaintiff, (2) the merits of the
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plaintiff’s substantive claim, (3) the sufficiency of the complaint, (4) the sum of money at
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stake in the action, (5) the possibility of a dispute concerning material facts, (6) whether the
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default was due to excusable neglect, and (7) the strong policy favoring decisions on the
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merits. Eitel, 782 F.2d at 1471-72 (quotations omitted).
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Being that Defendants have appeared, have been granted an extension of time to
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file a responsive pleading, and the strong policy that cases should be resolved on the
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merits whenever possible, it is HEREBY ORDERED that:
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Plaintiff’s request for entry of default, filed June 17, 2011, is DENIED.
IT IS SO ORDERED.
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Dated:
1j0bbc
June 24, 2011
UNITED STATES MAGISTRATE JUDGE
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