Francisco v. United States Seafoods LLC et al Doc.

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Case 2:06-cv-00885-RSL Document 67 Filed 11/05/2007 Page 1 of 2

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6 UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
7 AT SEATTLE
8 _______________________________________
)
9 CARIE FRANCISCO, )
) No. C06-885RSL
10 Plaintiff, )
v. ) ORDER REFERRING MOTION FOR
11 ) ENTRY OF DEFAULT, ORDER
UNITED STATES SEAFOODS, LLC, et al., ) DENYING MOTION FOR DEFAULT
12 ) JUDGMENT, AND ORDER SEALING
Defendants. ) EXHIBIT
13 _______________________________________)
14 This matter comes before the Court on plaintiff’s “Motion for Entry of Default” (Dkt.
15 #54). In his motion, plaintiff requests the Clerk of Court to enter both default and default
16 judgment. See Dkt. #54 (“Plaintiff requests the Clerk of Court to enter Order and Judgment of
17 default against Defendant Jason A. Jack-Nelson based on his non-appearance in the above
18 action after the passage of more than five (5) months since personal service upon him.”). Under
19 Fed. R. Civ. P. 55(b)(1), the Clerk of Court may enter default judgment:
20 When the plaintiff’s claim against a defendant is for a sum certain or for a sum
which can by computation be made certain, the clerk upon request of the plaintiff
21 and upon affidavit of the amount due shall enter judgment for that amount and
costs against the defendant, if the defendant has been defaulted for failure to
22 appear and is not an infant or incompetent person.
23 Here, plaintiff simultaneously moved for both default and default judgment. However,
24 the Clerk of Court has not entered default against defendant Jason A. Jack-Nelson and plaintiff
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ORDER REFERRING MOTION FOR ENTRY OF
26 DEFAULT, ORDER DENYING MOTION FOR
DEFAULT JUDGMENT, AND ORDER
SEALING EXHIBIT

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 Case 2:06-cv-00885-RSL Document 67 Filed 11/05/2007 Page 2 of 2

1 has failed to establish that his claim against defendant Jason A. Jack-Nelson is for a sum certain
2 or for a sum which can by computation be made certain. Therefore, the Court REFERS
3 plaintiff’s Motion for Entry of Default (Dkt. #54) to the Clerk of Court. The Court DENIES
4 plaintiff’s motion to the extent it requests entry of default judgment because default has not been
5 entered against defendant Jason A. Jack-Nelson and plaintiff has failed to show that his claim
6 can be made certain.
7 In the Court’s May 29, 2003 General Order regarding “Public Access to Electronic Case
8 Files,” the Court ordered that parties redact “personal data identifiers from all pleadings filed
9 with the court, including exhibits thereto.” Personal data identifiers include: social security
10 numbers, names of minor children, dates of birth, and financial account numbers. Id. As part of
11 plaintiff’s Motion for Entry of Default, he included an exhibit that contains defendant Jason A.
12 Jack-Nelson’s personal data identifiers. See Dkt. #54, Exhibit 3. Accordingly, the Court
13 SEALS Exhibit 3 of Dkt. #54. Plaintiff is ordered to re-file a version of Exhibit 3 redacting all
14 data identifiers in accordance with the Court’s May 29, 2003 General Order.
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DATED this 2nd day of November, 2007.
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Robert S. Lasnik
19 United States District Judge

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ORDER REFERRING MOTION FOR ENTRY OF
26 DEFAULT, ORDER DENYING MOTION FOR
DEFAULT JUDGMENT, AND ORDER
SEALING EXHIBIT -2-