Johnson v. Purayampallil et al
Filing
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ORDER signed by Magistrate Judge Gregory G. Hollows on 11/14/2011 DENYING plaintiff's 21 Motion for Default Judgment without prejudice to its renewal after Entry of Default is obtained. The 11/17/2011 Hearing on Motion is VACATED. (Marciel, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SCOTT N. JOHNSON,
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Plaintiff,
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No. CIV S-09-3614 MCE GGH
vs.
JACKSON PURAYAMPALLIL, et al.,
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Defendants.
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ORDER
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Plaintiff’s motion for default judgment against defendants Jackson and Johnson
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Purayampallil presently is calendared for hearing on November 17, 2011. The record indicates
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that entry of default was set aside on May 16, 2011. (Dkt. no. 19.) On September 21, 2011,
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plaintiff was directed to “proceed with obtaining an entry of default.” (Dkt. no. 20). Plaintiff has
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not obtained an entry of default, and there exists a required two step process to obtain a default
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judgment. See Winters v. Jordan, 2011 WL 2470683 *3 (E.D. Cal. 2011).
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Accordingly, IT IS ORDERED that:
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1. Plaintiff’s motion for default judgment, filed October 12, 2011, is denied
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without prejudice to its renewal after plaintiff obtains entry of default; and
2. The November 17, 2011 hearing on the motion is vacated.
DATED: November 14, 2011
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
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GGH:076:Johnson3614.vac.wpd
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