Shive v. Amazon.com Inc. et al, No. 1:2015cv00406 - Document 74 (D.N.M. 2017)
Court Description: MEMORANDUM OPINION AND ORDER by District Judge James O. Browning, Plaintiff James Shive's Second Motion for Default Judgment Against Defendant J&C Baseball Clubhouse, Inc., 73 is denied (meq)
Download PDF
<![CDATA[
Shive v. Amazon.com Inc. et al Doc. 74 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO JAMES SHIVE, Plaintiff, v. No. CIV 15-0406 JB/WPL AMAZON.COM INC.; EBAY, INC.; JOHN LAVECCHIA; J&C BASEBALL CLUBHOUSE, INC.; SEARS HOLDING CORPORATION; UNBEATABLE SALE.COM INC. and WAL-MART STORES, INC., Defendants. MEMORANDUM OPINION AND ORDER DENYING MOTION FOR DEFAULT JUDGMENT THIS MATTER comes before the Court on Plaintiff James Shive’s Second Motion for Default Judgment Against Defendant J&C Baseball Clubhouse, Inc., filed April 5, 2017 (Doc. 73). The Court previously set aside default and denied Plaintiff James Shive’s Motion for Default Judgment, filed February 23, 2017 (Doc. 71). See Memorandum Opinion and Order, filed March 23, 2017 (Doc. 72)(“Order”). The Court previously explained that Shive could reapply for a Clerk’s entry of default and may then refile his Motion for Default Judgment under rule 55 of the Federal Rules of Civil Procedure. Shive again filed for default judgment pursuant to rule 55, but did not reapply to the Clerk of the Court for entry of default. As the Court previously explained, attaining default judgment is a two-step process: the Clerk of the Court must enter default, and then the plaintiff must move for default judgment. See Fed. R. Civ. P. 55; Williams v. Smithson, 57 F.3d 1081, 1995 WL 365988, at *1 (10th Cir. 1995)(Table)(“Rule 55 mandates a two-step process for a party who seeks a default judgment in his favor.”). Because Shive has not applied for entry of Dockets.Justia.com default from the Clerk of Court, the Court cannot presently grant his motion for default judgment. See Fed. R. Civ. P. 55; Williams v. Smithson, 1995 WL 365988, at *1. The Court will therefore deny Shive’s motion for default judgment. IT IS ORDERED that Plaintiff James Shive’s Second Motion for Default Judgment Against Defendant J&C Baseball Clubhouse, Inc., filed April 5, 2017 (Doc. 73), is denied. ________________ ____________ UNITED STATES DISTRICT JUDGE Parties and counsel: James Shive Rio Rancho, New Mexico Plaintiff pro se Gregory L. Doll Ronald M. St. Marie Doll Amir & Eley, LLP Los Angeles, California Attorneys for Defendant Amazon.com, Inc. Luis M. Ortiz Richard H. Krukar Kevin Lee Soules Ortiz & Lopez, PLLC Albuquerque, New Mexico Attorneys for Defendant Sears Holding Corporation Justin D. Rodriguez Ryan Tobin Jerman Atkinson Thal & Baker, P.C. Albuquerque, New Mexico Attorneys for Defendant Unbeatable Sale.com, Inc. -2- Justin D. Rodriguez Atkinson Thal & Baker, P.C. Albuquerque, New Mexico -- and -Stefan M. Mentzer White & Case LLP New York, New York -- and -Bijal V. Vakil White & Case LLP Palo Alto, California Attorneys for Wal-Mart Stores, Inc. -3-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
