National Union Fire Insurance Company of Pittsburgh, PA. v. Shores ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 NATIONAL UNION FIRE INSURANCE Case No. 1:19-cv-01113-LJO-SAB COMPANY OF PITTSBURGH, PA., 12 ORDER VACATING ALL PENDING Plaintiff, DATES IN THIS MATTER AND 13 REQUIRING PLAINTIFF TO FILE v. MOTION FOR DEFAULT JUDGMENT OR 14 SHOW CAUSE WHY THIS ACTION DONA SHORES, SHOULD NOT BE DISMISSED FOR 15 FAILURE TO PROSECUTE Defendant. 16 THIRTY-DAY DEADLINE 17 18 National Union fire Insurance Company of Pittsburgh, PA (“Plaintiff”) filed this action 19 against Dona Shores (“Defendant”) on August 15, 2019. On November 26, 2019, default was 20 entered against Defendant in this action. 21 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- 22 step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 23 (N.D.Cal. Feb, 11, 2008). Entry of default is appropriate as to any party against whom a 24 judgment for affirmative relief is sought that has failed to plead or otherwise defend as provided 25 by the Federal Rules of Civil Procedure and where that fact is made to appear by affidavit or 26 otherwise. Fed. R. Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default 27 judgment. Fed. R. Civ. P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably possible, cases should be decided upon their merits.” In re Hammer, 1 | 940 F.2d 524, (9th Cir. 1991) (internal punctuation and citations omitted). 2 Having been no activity in in this action since the entry of default, the Court shall order 3 | Plaintiff to either file a motion for default judgment or show cause why this action should not be 4 | dismissed for Plaintiff’s failure to prosecute. 5 Accordingly, IT IS HEREBY ORDERED that: 6 1. Due to the entry of default all pending dates in this matter are VACATED; 7 2. Within thirty (30) days from the date of service of this order, Plaintiff shall either 8 file a motion for default judgment or file a written response showing cause why 9 this action should not be dismissed for Plaintiff's failure to prosecute; and 10 3. Failure to comply with this order shall result in a recommendation that this action 11 be dismissed for failure to prosecute. 12 3 IT IS SO ORDERED. FA. ee 14 | Dated: _ February 19, 2020 Is UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28