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Clerk Files Entry of Default in KC5CSG Case

Discussion in 'General Announcements' started by N1FM, Nov 6, 2021.

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  1. N1FM

    N1FM Ham Member QRZ Page


    NO. 2:21−CV−02428−JDC−KK



    Notice is hereby given that default is entered against Jerry W Materne in the captioned matter pursuant to the recent motion/request for entry of default. The legal time delays have elapsed and there has been no answer filed or other defenses presented to the complaint by said defendant(s). For the court to issue a default judgment under Fed.R.Civ.P. 55, a motion to that effect must be filed by plaintiff. A delay of at least fourteen (14) days from the date of this notice must elapse before issuance of a default judgment by the court under LR 55.1.

    THUS DONE November 4, 2021.


    A default entry means that KC5CSG has not entered an answer to the civil allegations of FCC rules violations. If the defendant does not answer the entry of default by November 19, 2021, the Magistrate Judge, Kathleen Kay will issue a default judgment in favor of the United States.

    Fed Rules Civil Procedure:

    Rule 55. Default; Default Judgment

    (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 default.

    (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.

    Under Rule 55(c) a default entry may be set aside for good cause.

    (c) Setting Aside a Default or a Default Judgment. The court may set aside an entry of default for good cause, and it may set aside a final default judgment under Rule 60(b).

    Good Causes to Set Aside an Entry of Default:

    1. Blameworthy or Culpable:

    The court “focus[es] heavily on the blameworthiness of the
    defaulting party,” and “distinguish[es] between contumacious or
    intentional delay or disregard for deadlines and procedural rules,
    and a ‘marginal failure’ to meet pleading or other deadlines.”
    Johnson, 140 F.3d at 784. “‘[E]xcusable neglect’ includes ‘late
    filings caused by inadvertence, mistake or carelessness.’” Id.
    (quoting Pioneer Inv. Servs. v. Brunswick Assocs., 507 U.S. 380,
    388 (1993)).

    2. Meritorious Defense
    The defendant need not show that he will succeed on the
    merits, but rather only that “the proffered evidence would permit
    a finding for the defaulting party.” Johnson, 140 F.3d at 785
    (citation and internal quotation marks omitted). “The underlying
    concern is … whether there is some possibility that the outcome
    … after a full trial will be contrary to the result achieved by
    the default.” Stephenson, 524 F.3d at 914

    3. Prejudice
    “[P]rejudice may not be found from delay alone or from the
    fact that the defaulting party will be permitted to defend on the
    merits.” Johnson, 140 F.3d at 785 (citation omitted). The court
    considers factors such as “loss of evidence, increased difficulties
    in discovery, or greater opportunities for fraud and collusion.”
  2. KA9JLM

    KA9JLM Ham Member QRZ Page

    Another Locked thread coming soon. o_O

    It is nice to stir the pot. Make sure to lick the spoon. ;)
    WQ4G likes this.
  3. N2UHC

    N2UHC Ham Member QRZ Page

    KA9JLM likes this.
  4. KA9JLM

    KA9JLM Ham Member QRZ Page

    He still has his licenses.

    I know Nothing.

    Someone needs to be picked on. o_O
  5. WQ4G

    WQ4G Ham Member QRZ Page

    All right! A little enforcement... Finally....
  6. KA6JMM

    KA6JMM Ham Member QRZ Page

    What would be the legitimate purpose to do that? In California there is a law that clearly states electronic harassment is illegal by any and all electronic means. I personally
    would think he has enough of a spotlight shined on him an 18,000 dollar spotlight. I',m sure many other states have similar laws against electronic harassment and don't even think using the US Mail. That stuff
    is tracked, every piece. 73 OM

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