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Immigration: Other Immigration Actions | District Of Columbia
Order on Motion for Entry of Default Order on Motion for Extension of Time to
MINUTE ORDER denying Plaintiff's 20 Motion for Entry of Default, and granting Defendants' 21 Motion for Extension of Time to Respond to Complaint Nunc Pro Tunc. Entry of default is denied as Plaintiff has not "establishe[d] a claim or right to relief," as required for entry of a default judgment against the United States under Federal Rule of Civil Procedure 55(d). Although Plaintiff seeks only entry of default, and not a default judgment, it would be futile to enter default when Plaintiff has not shown a substantial likelihood that the court has jurisdiction to hear her claim. See 19 Mem. Op. and Order. As for Defendants' request to late file, that request is granted. Defendants have established excusable neglect based on counsel's medical emergency, the delay in responding to the complaint has not been long, the reason for the delay (the health emergency) was partially outside of counsel's control, and the absence of prejudice to Plaintiff who failed to establish the court's jurisdiction at the preliminary injunction stage. See Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993). Signed by Judge Amit P. Mehta on 8/25/2026. (lcapm1)
Memorandum in opposition to motion
Memorandum in opposition to re 17 MOTION to Dismiss 1:26-cv-1590 filed by WILSON CAMILO GONZALEZ SAN JOSE. (Blumenthal, Susan)
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