Sandeep Roy Chauhan v. Google Inc.

Background

The clerk entered default against Google after it did not respond to Chauhan’s original complaint. Chauhan then filed a First Amended Complaint asserting new claims and moved for default judgment on those claims. He also filed additional exhibits.

Reason for the ruling

Before entering default judgment, a court must determine that it has jurisdiction and that the defendant was properly served. The court held that the First Amended Complaint had to be served on Google because it asserted new claims. Electronic filing did not count as service because Google had not appeared in the case. The court therefore denied Chauhan’s motion for default judgment.

The court also expressed skepticism that the original complaint had been properly served. The returned summons did not show service on an officer, managing or general agent, or another authorized agent, and it did not show compliance with the applicable service requirements.

Further service order

Because Chauhan is proceeding without paying filing fees, the government must serve Google. The court directed Chauhan to prepare a new proposed summons identifying Google’s designated service agent. After Chauhan submits it, the U.S. Marshal for the Northern District of California must serve Google, without requiring advance payment of fees, with the First Amended Complaint and its attachments. The court also encouraged Chauhan to obtain the handbook for people representing themselves and to contact the court’s self-representation assistance program.