Wai Construction Group LLC v. Wave Quantum Inc

Opinion

1 U.S. F DIL ISE TD R I IN C TT H CE O URT EASTERN DISTRICT OF WASHINGTON 2 Jul 19, 2024 SEAN F. MCAVOY, CLERK 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF WASHINGTON 7 WAI CONSTRUCTION GROUP, LLC., No. 4:23-CV-05091-MKD 8 Plaintiff, ORDER DENYING PLAINTIFF’S SECOND MOTION FOR DEFAULT 9 v. JUDGMENT

10 WAVE QUANTUM, INC., HARVEY ECF No. 23 PRICKETT, 11 Defendants. 12 Before the Court is Plaintiff’s Second Motion for Default Judgment. ECF No. 13 23. For the following reasons, the Court denies the motion. 14 Plaintiff filed a Second Amended Complaint on July 18, 2024. ECF No. 21. 15 Plaintiff contemporaneously filed the instant motion for default judgment. ECF No. 16 23. However, because Plaintiff has not filed proofs of service of the Second 17 Amended Complaint and the Clerk has not entered default on Plaintiff’s Second 18 Amended Complaint, Plaintiff’s motion is premature. See ThermoLife Int’l, LLC v. 19 Sechel Holdings, Inc., 2015 WL 1521779, at *2 (D. Ariz. Apr. 3, 2015) (“In this 20 case, the Clerk of Court entered default on Plaintiff’s original complaint. At this 1 time, default has not been entered on Plaintiff’s Amended Complaint. Consequently, 2 default judgment on the Amended Complaint would be improper because no default

3 has been entered on the Amended Complaint.”) (citation omitted); id. at *1 4 (“Because Plaintiff’s original complaint no longer performs any function, a default 5 based on the original complaint must also be rendered ineffectual and non-existent.”)

6 (citation and internal quotation marks omitted). 7 Before the Court may consider a motion for default judgment, Plaintiff must: 8 (1) serve the Second Amended Complaint; (2) file proofs of service of the same; and 9 (3) at the proper time, if Defendants fail to respond, move the Clerk for entry of

10 default on the Second Amended Complaint, consistent with Federal Rule of Civil 11 Procedure 55. 12 Accordingly, IT IS HEREBY ORDERED:

13 1. Plaintiff’s Second Motion for Default Judgment, ECF No. 23, is 14 DENIED. 15 IT IS SO ORDERED. The District Court Executive is directed to file this 16 order and provide copies to counsel.

17 DATED July 19, 2024. 18 s/Mary K. Dimke MARY K. DIMKE 19 UNITED STATES DISTRICT JUDGE 20