Lamborghini Artimarca, SpA v. Fastwares, LLC, No. 2:2010cv01821 - Document 12 (D. Nev. 2011)

Court Description: ORDER Granting 11 Motion for Default Judgment. IT IS FURTHER ORDERED that the plaintiff shall prepare and submit an appropriate final judgment for the court's review and signature. Signed by Judge James C. Mahan on 3/18/11. (Copies have been distributed pursuant to the NEF - ASB)

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Lamborghini Artimarca, SpA v. Fastwares, LLC Doc. 12 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 LAMBORGHINI ARTIMARFCA, SpA, 2:10-CV-1821 JCM (PAL) 8 Plaintiff, 9 10 v. 11 FASTWARES, LLC, 12 Defendant. 13 14 15 16 ORDER Presently before the court is plaintiff Lamborghini Artimarca, SpA’s motion for default judgment. (Doc. #11). 17 Pursuant to Federal Rule of Civil Procedure 55(a) “[w]hen a party against whom a judgment 18 for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by 19 affidavit or otherwise, the clerk must enter the party’s default.” Federal Rule of Civil Procedure 20 55(b)(2) provides that a court may enter a default judgment after the party seeking default applies 21 to the clerk of the court as required by subsection (a) of this rule. 22 Here, defendant has been duly served (see doc. #7), but has failed to respond to the 23 complaint. Accordingly, plaintiff applied to the clerk of the court for entry of default against 24 defendant on December 3, 2010 (doc. #8), and the clerk entered default on December 6, 2011, (doc. 25 #9). Plaintiff now asks this court to enter judgment against the defendant, and the court finds that 26 judgment to be proper under Rule 55. 27 28 James C. Mahan U.S. District Judge Dockets.Justia.com 1 Accordingly, 2 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that plaintiff’s application for 3 4 5 6 entry of default judgment (doc. #11) is GRANTED. IT IS FURTHER ORDERED that the plaintiff shall prepare and submit an appropriate final judgment for the court’s review and signature. DATED March 18, 2011. 7 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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