Johnson v. McDonough

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 10 MELVIN L. JOHNSON, CASE NO. C24-0934JLR 11 Plaintiff, ORDER v. DENNIS R. MCDONOUGH, Defendant.

15 Before the court is Plaintiff Melvin L. Johnson’s motion for default judgment.

16 (Mot. (Dkt. # 28).) Mr. Johnson seeks entry of judgment against Defendant Dennis R. McDonough, Secretary of the United States Department of Veterans Affairs, for damages that he alleges resulted when he was subjected to a hostile work environment on the basis of his race and termination in retaliation for reporting that harassment. (Id.; see 2d Am.

20 Compl. (Dkt. # 17).)

21 Federal Rule of Civil Procedure 55 sets forth a two-step process for entry of default judgment. See Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). The plaintiff must first obtain entry of default against the defendant. See Fed. R. Civ. P. 55(a). Only after the clerk enters default may the plaintiff move for entry of default judgment. See Fed. R. Civ. P. 55(b). Here, Mr. Johnson did not move for entry of default before he filed his motion for default judgment. (See generally Dkt.) Therefore, the court DENIES Mr. Johnson’s motion for default judgment (Dkt. # 28).

6 Dated this 18th day of July, 2025.

A JAMES L. ROBART 8 United States District Judge