Symantec Corp. v. Global Impact, Inc.

559 F.3d 922, 2009 U.S. App. LEXIS 5562, 2009 WL 606428

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 11, 2009
• Docket: 07-56758
• Status: Published

Opinion

ORDER

Global Impact, Inc. (“Global”) appeals the district court’s orders denying its motions to set aside the entry of default and reconsider the same. The clerk entered default against Global when it failed to plead or otherwise defend the adversary proceeding brought by Symantec Corporation. We dismiss because we lack jurisdiction over this appeal.

Although neither party raised the issue of our jurisdiction to entertain this appeal, we have a duty to consider it sua sponte. See Gupta v. Thai Airways Int’l, Ltd., 487 F.3d 759, 763 (9th Cir.2007). Contrary to Global’s assertions, the district court has not entered a default judgment against it; it has entered only a default. See Fed.R.Civ.P. 55(a)-(b) (describing the two-step process of “Entering a Default” and “Entering a Default Judgment”). Whereas we have jurisdiction to review a district court’s order denying a motion to set aside the entry of a default judgment, see 28 U.S.C. § 1291; JeffD. v. Kempthome, 365 F.3d 844, 849-50 (9th Cir.2004), we lack jurisdiction over an appeal from an order denying a motion to set aside the entry of default alone, see Haiv. Carpenters’ Trust Funds v. Stone, 794 F.2d 508, 512 (9th Cir.1986) (entry of default is not a final appealable order); Baker v. Limber, 647 F.2d 912, 916 (9th Cir.1981) (same). Accordingly, we lack jurisdiction over this appeal. 1

DISMISSED.

1 . Because we lack jurisdiction over this appeal, we express no opinion on the merits of the district court's orders.