Order granting in part motion for default certificate against Gp — No. 2:20-cv-00279 (Dkt. 73)

Summary

A Memorandum Decision and Order in United States of America v. GP Silver and Gordon Pedersen, Case No. 2:20-cv-00279, in the U.S. District Court for the District of Utah, filed October 11, 2024 as Document 73 and signed by District Judge David Barlow. It grants in part and denies in part the government's motion at ECF No. 69 for a default certificate. The court finds that GP Silver has not participated in the case since being served on April 28, 2020, and that entry of a default certificate is appropriate as to GP Silver. It finds a default certificate not appropriate as to Mr. Pedersen, who filed a motion to dismiss and other documents attempting to defend the case.

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“Order granting in part motion for default certificate against Gp — No. 2:20-cv-00279 (Dkt. 73).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-granting-in-part-motion-for-default-certificate-against-gp-no-2-54ae24beff/, SHA-256 709e20040418db1609488dfdbb330aa2e3d2a0a16e23da9fe6907c6ed1719890.

Full text

Case 2:20-cv-00279-DBB-CMR Document 73 Filed 10/11/24 PageID.<pageID> Page 1 of 3

THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH

UNITED STATES OF AMERICA,

Plaintiff, MEMORANDUM DECISION AND
ORDER GRANTING IN PART AND
v. DENYING IN PART UNITED STATES
OF AMERICA’S MOTION FOR A
GP SILVER, a Utah corporation, and DEFAULT CERTIFICATE AGAINST
GORDON PEDERSEN, an individual, GP SILVER LLC AND GORDON
PEDERSEN
Defendants.
Case No. 2:20-cv-00279

District Judge David Barlow

Before the court is Plaintiff United States of America’s Motion for a Default Certificate

Against GP Silver, LLC, and Gordon Pedersen (“Motion”).1 For the reasons stated, the court

grants in part and denies in part the Motion.

BACKGROUND

The United States brings one cause of action against GP Silver, LLC (“GP Silver”) and

Gordon Pedersen.2 GP Silver and Mr. Pedersen were both served on April 28, 2020.3

1
United States of America’s Motion for a Default Certificate Against GP Silver LLC and Gordon Pedersen
(“Motion”), ECF No. 69, filed Aug. 7, 2024.
2
Complaint, ECF No. 1, filed Apr. 27, 2020.
3
Decl. of Service, ECF No. 20-1, filed May 7, 2020.

1
Case 2:20-cv-00279-DBB-CMR Document 73 Filed 10/11/24 PageID.<pageID> Page 2 of 3

Since being served, GP Silver has not participated in this case in any way. As an entity, it

can only be represented by an attorney, but none has entered an appearance. It also has not filed

any pleadings or any other documents.4 GP Silver has also failed to show at court hearings.5

Mr. Pedersen also has not filed any pleadings and has failed to show at court hearings.6

However, Mr. Pedersen has filed a wide variety of documents,7 including a motion to dismiss.8

STANDARD
“To obtain a default judgment, a party must: (1) request the entry of a default certificate

under [Federal Rule of Civil Procedure] 55(a) . . . ; and (2) file a motion for default judgment

under [Federal Rule of Civil Procedure] 55(b) . . . .”9 Entry of a default certificate is appropriate

“[w]hen 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.”10

DISCUSSION
The United States moves for entry of a default certificate against GP Silver and Gordon

Pedersen.

GP Silver has failed to participate in this case in any way. It has failed to file any

pleadings or other documents defending this case. Entry of a default certificate is appropriate as

to GP Silver.

4
See generally Docket.
5
See Minute Entry, ECF No. 23, filed May 12, 2020.
6
Id.; see generally Docket.
7
See ECF Nos. 22, 32, 34, 40, 42–44, 50–52, 54, 55.
8
Move the Court to Dismiss this Action for Lack of any Jurisdiction and/or Remove this Case to a Constitutional
Court, ECF No. 41, filed June 16, 2020.
9
DUCivR55-1(a).
10
Fed. R. Civ. P. 55.

2
Case 2:20-cv-00279-DBB-CMR Document 73 Filed 10/11/24 PageID.<pageID> Page 3 of 3

Mr. Pedersen, however, has participated in this case. Mr. Pedersen filed a motion to

dismiss and a wide variety of other documents attempting to defend this case. Entry of a default

certificate is not appropriate as to Mr. Pedersen.

ORDER
For the foregoing reasons, the court grants in part and denies in part Plaintiff United

States of America’s Motion for Default Certificate Against GP Silver, LLC, and Gordon

Pedersen.11 Entry of a default certificate is appropriate as to GP Silver, but not as to Mr.

Pedersen.

Signed October 11, 2024.

BY THE COURT

________________________________________
David Barlow
United States District Judge

11
ECF No. 69.

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Our copy: 73-order-granting-in-part-motion-for-default-certificate-agains.pdf
Original: www.govinfo.gov