Firsov v. Aerovias Del Continente Americano S.A. Avianca
- Virginia Demarchi
- 5:25-cv-05481
- U.S. District Court · Northern District of California
- 1
In Sergey Firsov v. Aerovias Del Continente Americano S.A. Avianca, Judge DeMarchi denied plaintiffs’ default-judgment motion because the Clerk had not entered default.
Plaintiffs Sergey Firsov and Kateryna Pomogaibo were affected because their motion for default judgment was denied. Defendant Aerovias Del Continente Americano S.A. Avianca was not subjected to a default judgment.
What happened
Sergey Firsov and Kateryna Pomogaibo asked for a default judgment against Aerovias Del Continente Americano S.A. Avianca. They filed the motion on October 30, 2025.
The court denied the motion because the Clerk of Court had declined to enter default against Avianca. Without an entry of default, the court did not grant default judgment.
Judge Virginia K. DeMarchi issued the order on October 31, 2025. The opinion does not decide the underlying claims.
The detailed version
- Firsov v. Aerovias Del Continente Americano S.A. Avianca · No. 5:25-cv-05481
- Virginia Demarchi
- Oct. 31, 2025
Background
Plaintiffs Sergey Firsov and Kateryna Pomogaibo filed a motion for default judgment against defendant Aerovias Del Continente Americano S.A. Avianca on October 30, 2025.
Ruling
The court denied plaintiffs’ motion. Under Federal Rule of Civil Procedure 55, a default judgment requires an entry of default by the Clerk of Court. The Clerk had declined to enter default against Avianca, so the court did not grant default judgment.
The opinion does not address the merits of plaintiffs’ underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.