Brooks v. Morphe, LLC. ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VALERIE BROOKS, individually and on No. 2:20-cv-1219 KJM DB behalf of all others similarly situated, 12 13 Plaintiff, ORDER 14 v. 15 MORPHE, LLC, a Delaware limited liability company, 16 17 Defendant. 18 19 On October 13, 2020, plaintiff filed a motion for default judgment and noticed the motion 20 for hearing before the undersigned on December 11, 2020, pursuant to Local Rule 302(c)(19). 21 (ECF No. 13.) Although plaintiff’s motion seeks an award of $5,000,000—a substantial sum— 22 the motion consists of essentially two pages which recount the procedural background of this 23 action and a request for $5,000,000. There is no memorandum in support discussing in detail 24 Rule 55 of the Federal Rules of Civil Procedure and the relevant factors that must be considered 25 upon motion for default judgment as identified in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th 26 Cir. 1986). 27 //// 28 //// 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The December 11, 2020 hearing of plaintiffs motion for default judgment (ECF No. 3 13) is continued to February 12, 2021; 4 2. On or before January 15, 2021, plaintiff shall file a memorandum in support of the 5 | motion for default judgment that addresses all argument and authority relevant to plaintiff's 6 | motion for default judgement'; and 7 3. On or before January 15, 2021, plaintiff shall file proof of service of the memorandum 8 || and acopy of this order on the defendant. 9 | Dated: December 7, 2020 10 11 D ORAH BARNES UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 DLB:6 22 DB\orders\orders.civil\brooks1219.mdj.cont.ord 23 24 25 26 | — . . Plaintiff's memorandum in support shall specifically and in detail address the issues of personal 27 || jurisdiction over the defendant, venue, and plaintiff's computation of damages. See generally Davis v. Hutchins, 321 F.3d 641, 648 (7th Cir. 2003) (“Class damages cannot be awarded if no 28 | class is certified.”).