1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 SERGEY FIRSOV, et al., Case No. 5:25-cv-05325-BLF Plaintiffs, 8 v. ORDER DENYING MOTION FOR 9 QATAR AIRWAYS GROUP (Q,C.S.C.), RECONSIDERATION AND MOTION Defendant. FOR DEFAULT 10 [Re: ECF Nos. 34, 41, 43] 11

12 13 Pro se Plaintiff Sergey Firsov has filed two motions, one entitled “Request for Entry of 14 Default Under FRCP 55(a),” ECF No. 41, and one entitled “Motion for Default Judgment by 15 Court Pursuant to FRCP 55(b),” ECF No. 43 (collectively, “Rule 55 Mot.”). For the reasons 16 described below, the Court construes both motions as a single motion seeking review of the Clerk 17 of Court’s denial of his request for entry of default. Defendant Qatar Airways Group (Q, C.S.C.) 18 (“Qatar Air”) has filed a single brief in opposition to both of those motions. ECF No. 49 (“Opp.”). 19 Mr. Firsov previously filed a motion for reconsideration. ECF No. 34 (“Recon. Mot.”). 20 For the reasons described below, the Reconsideration Motion is DENIED AS MOOT, and 21 the Rule 55 Motion is DENIED. 22 I. BACKGROUND 23 On October 21, 2025, Mr. Firsov filed a “Application for Entry Default [sic] Judgment by 24 Court.” ECF No. 25. The Court struck the filing, referring Mr. Firsov to Federal Rule of Civil 25 Procedure 55(a), which requires such a request to be made to the Clerk of the Court. ECF No. 27. 26 On October 24, 2025, Mr. Firsov filed a “Request for Entry of Default Under FRCP 55,” ECF 27 No. 29, which the Court referred to the Clerk on October 28, 2025, ECF No. 30. 1 On October 29, Mr. Firsov filed the Reconsideration Motion, requesting the Court to 2 “consider Application to Enter Default (Docket 25) as Request to enter Default to court clerk.” 3 Recon. Mot. at 2. The Court declined to enter default on November 3, 2025. ECF No. 41. 4 Inexplicably, Mr. Firsov also filed the two motions that the Court has consolidated to construe as 5 the Rule 55 Motion. 6 II. LEGAL STANDARD 7 Trial courts have inherent power to reconsider, set aside, or amend interlocutory orders at 8 any time prior to entry of a final judgment. Fed. R. Civ. P. 54(b). Motions for reconsideration are 9 disfavored and “should not be granted, absent highly unusual circumstances, unless the district 10 court is presented with newly discovered evidence, committed clear error, or if there is an 11 intervening change in the controlling law.” McDowell v. Calderon,

(9th Cir. 12 1999) (per curiam) (internal quotation marks and citation omitted). The Northern District of 13 California also has local rules governing motions for reconsideration. A motion for 14 reconsideration may be made on three grounds: (1) a material difference in fact or law exists from 15 that which was presented to the court, which, in the exercise of reasonable diligence, the moving 16 party did not know at the time of the order for which reconsideration is sought; (2) the emergence 17 of new material facts or a change of law; or (3) a manifest failure by the court to consider material 18 facts or dispositive legal arguments. Civ. L.R. 7-9(b). 19 Federal Rule of Civil Procedure 55(a) provides that the Clerk of Court must enter a party’s 20 default when that party has failed to plead or otherwise defend an action. Rule 55(b)(1) provides 21 that the Clerk must enter a default judgment against a defaulted party “[i]f the plaintiff’s claim is 22 for a sum certain or a sum that can be made certain by computation.” Rule 55(b)(2). Whether to 23 enter default judgment is a matter of the Court’s discretion. Aldabe v Aldabe,

, 24 1092 (9th Cir. 1980). In determining whether default judgment is appropriate, courts in the Ninth 25 Circuit consider the Eitel factors: (1) the possibility of prejudice to the plaintiff, (2) the merits of 26 the plaintiff’s substantive claim, (3) the sufficiency of the complaint, (4) the sum of money at 27 stake in the action (5) the possibility of a dispute concerning material facts, (6) whether the default 1 Procedure favoring decisions on the merits. Eitel v. McCool,

, 1471–72 (9th Cir. 2 1986). 3 III. DISCUSSION 4 A. Reconsideration Motion 5 It is apparent from the face of the motion that the Reconsideration Motion is moot because 6 the Court has already granted the relief Mr. Firsov seeks. Bemoaning the “mistake” made by the 7 Court, Mr. Firsov states that “[o]f course, Plaintiffs refiled request to enter default on 10/24/25,” 8 presumably referring to the October 25, 2025, filing that the Court referred to the Clerk. Recon. 9 Mot. at 2. In any case, because the Court concludes that Mr. Firsov is entitled to neither default 10 nor default judgment, the motion for reconsideration is DENIED. 11 B. Rule 55 Motion 12 The record before the Court indicates that the Summons was handed to an employee at the 13 San Francisco Airport. ECF Nos. 31, 47. This qualifies—at most—as an attempt to effectuate 14 service on a branch or station manager who does not qualify as an officer, general manager, or 15 authorized agent for service of process. Jimena v. UBS AG Bank, Inc., No. 07-cv-367-OWW, 16

, at *12–13 (E.D. Cal. June 8, 2007); see also Firsov v. Scandinavian Airlines 17 of N. Am., Inc., No. 25-cv-03691-EMC,

, at *1 (N.D. Cal. Sept. 25, 2025). 18 Because Mr. Firsov did not properly effectuate personal service, he is not entitled to an entry of 19 default or default judgment. 20 Moreover, as Qatar Air points out, on October 29, 2025, Mr. Firsov mailed a request to 21 waive service of summons to Qatar Air’s registered agent on October 29, 2025, meaning that 22 Qatar has until November 28, 2025, to return a signed waiver. ECF No. 45. Qatar represents that 23 “it fully intends to do” so. Opp. at 2. Given that Qatar Air has until November 28, 2025, to return 24 the signed waiver, the Rule 55 Motion is frivolous and is DENIED. 25 IV. ORDER 26 For the reasons described above, IT IS HEREBY ORDERED THAT: 27 (1) The Reconsideration Motion (ECF No. 34) is DENIED AS MOOT. 1 IT IS SO ORDERED. 2 3 Dated: November 6, 2025

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