Simon v. Cumba

Summary

The United States District Court for the Southern District of California denies Plaintiff Phillip W. Simon’s request for entry of default judgment against Defendant Deborah A. Cumba. The court concludes that Defendant timely filed a motion to dismiss and thereby raised a defense under Federal Rule of Civil Procedure 55(a).

Holdings

1. A defendant's timely motion to dismiss constitutes an effort to otherwise defend the lawsuit and therefore precludes entry of default under Federal Rule of Civil Procedure 55(a).

Questions Presented

1. Whether a plaintiff may obtain entry of default judgment when the defendant has timely filed a motion to dismiss.

Disposition

denied