United States District Court, W.D. Washington, Tacoma
ORDER DENYING PLAINTIFF'S MOTION FOR DEFAULT AND
MOTION FOR CONTEMPT
L. Strombom United States Magistrate Judge
matter comes before the Court on plaintiff's motion for
default (Dkt. 62) and motion for contempt against defendant
Joseph Williamson (Dkt. 63). Having carefully considered
those motions, defendant Williamnson's response to
plaintiff's motions, plaintiff's reply thereto,
balance of the record, the Court finds both motions should be
has brought his motion for default under Federal Rule of
Civil Procedure (FRCP) 55, which provides in relevant part:
(a) Entering a Default. When a party against
whom a judgment for affirmative relief is sought has failed
to plead or otherwise defend, and that failure is shown by
affidavit or otherwise, the clerk must enter the party's
(b) Entering a Default Judgment.
(1) By the Clerk. If the
plaintiff's claim is for a sum certain or a sum that can
be made certain by computation, the clerk--on the
plaintiff's request, with an affidavit showing the amount
due--must enter judgment for that amount and costs against a
defendant who has been defaulted for not appearing and who is
neither a minor nor an incompetent person.
(2) By the Court. In all other
cases, the party must apply to the court for a default
judgment. . . .
Id. “The district court's decision whether
to enter a default judgment is a discretionary one.”
Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir.
“[f]actors which may be considered by courts in
exercising discretion as to the entry of a default judgment
(1) the possibility of prejudice to the plaintiff,
(2) the merits of plaintiff's substantive claim,
(3) the sufficiency of the complaint,
(4) the sum of money at stake in the action;
(5) the possibility of a dispute concerning ...