Simon v. Cumba

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA PHILLIP W. SIMON, Case No. 3:25-CV-00107-CAB-MSB 12 Plaintiff, ORDER DISMISSING REQUEST v. FOR ENTRY OF DEFAULT DEBORAH A. CUMBA, [Doc. No. 13] Defendant,

Plaintiff has filed a request for entry of default judgment against Defendant. [Doc.

No. 13.] But Defendant filed a timely motion to dismiss the complaint on Feb. 13, 2025. [Doc. No. 10.] Defendant has clearly raised a defense before this Court. Fed. R. Civ. P. 55(a); see Song v. Deeds, 947 F.2d 951 (9th Cir. 1991) (explaining that a motion to dismiss constitutes an effort to “otherwise defend” the lawsuit). /// /// /// l Plaintiff's motion for default judgment is denied.

3 Itis SO ORDERED.

5 || Dated: February 24, 2025 € Hon. Cathy Ann Bencivengo 7 United States District Judge