Mike's Novelties, Inc. v. PIV Enterprises, Inc.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7| MIKE’S NOVELTIES, INC., Case No. 1:23-cv-01309-JLT-SAB 8 Plaintiff, ORDER DENYING REQUEST FOR ENTRY OF DEFAULT 9 v. (ECF No. 26) 10 | PIV ENTERPRISES, INC., 11 Defendant. 12 13 On June 3, 2024, Counter Claim Plaintiff PIV Enterprises, Inc. filed a request for entry of 14 | default against Counter Claim Defendant Mikes Novelties, Inc. and Counter Claim Defendant 15 | filed an answer to the counter claim. (ECF Nos. 16, 27.) 16 Rule 55(a) of the Federal Rules of Civil Procedure requires that the Clerk of the Court 17 | enter default “when a party against whom a judgment for affirmative relief is sought has failed to 18 | plead or otherwise defend, and that failure is shown by affidavit or otherwise.” Fed. R. Civ. P. 19 | 55(a). A defendant’s default does not automatically entitle the plaintiff to a court-ordered 20 | judgment. See Draper v. Coombs, 792 F.2d 915, 924-925 (9th Cir. 1986). Rather, granting or 21 | denying relief is entirely within the Court’s discretion. Id. Inasmuch as Counter Claim 22 | Defendant is defending the counter claim by filing an answer, entry of default is not warranted. 23 Accordingly, Cross Claim Plaintiff's request for entry of default is HEREBY DENIED. 24 IT IS SO ORDERED. 25 Af 26 | Dated: _June 4, 2024 __ ef UNITED STATES MAGISTRATE JUDGE 27 28