Simon v. Cumba
This text of Simon v. Cumba (Simon v. Cumba) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 PHILLIP W. SIMON, Case No. 3:25-CV-00107-CAB-MSB
12 Plaintiff, ORDER DISMISSING REQUEST 13 v. FOR ENTRY OF DEFAULT
14 DEBORAH A. CUMBA, [Doc. No. 13] 15 Defendant, 16
18 Plaintiff has filed a request for entry of default judgment against Defendant. [Doc. 19 No. 13.] But Defendant filed a timely motion to dismiss the complaint on Feb. 13, 2025. 20 [Doc. No. 10.] Defendant has clearly raised a defense before this Court. Fed. R. Civ. P. 21 55(a); see Song v. Deeds, 947 F.2d 951 (9th Cir. 1991) (explaining that a motion to dismiss 22 constitutes an effort to “otherwise defend” the lawsuit). 23 /// 24 /// 25 /// 26
28 l Plaintiff's motion for default judgment is denied. 2 3 Itis SO ORDERED. 4 5 || Dated: February 24, 2025 € 6 Hon. Cathy Ann Bencivengo 7 United States District Judge 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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