GS Holistic, LLC v. Up 'N Smoke ( 2023 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 GS HOLISTIC, LLC, Case No. 1:23-cv-00283-ADA-EPG 10 Plaintiff, 11 v. ORDER SETTING DEADLINE RE: DEFAULT JUDGMENT 12 UP ’N SMOKE, 13 Defendant. (ECF Nos. 5, 6) 14 15 16 Plaintiff filed this action on February 26, 2023, alleging, among other things, that 17 Defendant infringed on its trademark. (ECF No. 1). After Defendant failed to appear, Plaintiff 18 obtained a clerk’s entry of default under Federal Rule of Civil Procedure 55(a). (ECF Nos. 5, 6). 19 Given the Clerk’s entry of default, the Court will set a deadline for Plaintiff to move for 20 default judgment under Rule 55(b)(2).1 Additionally, the Court advises Plaintiff of the following basic requirements for a motion for default judgment.2 21 The motion must establish proper service on Defendant and the Court’s jurisdiction. In re 22 Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who 23 has failed to plead or otherwise defend, a district court has an affirmative duty to look into its 24 jurisdiction over both the subject matter and the parties.”); see S.E.C. v. Internet Sols. for Bus. 25 26 1 Alternatively, if Plaintiff believes a default judgment by the Clerk is appropriate under Rule 55(b)(1), 27 Plaintiff may file such a request. 2 This order does not purport to advise Plaintiff of all requirements that may be applicable to a motion for 28 default judgment. 1 | Inc., 509 F.3d 1161, 1165 (9th Cir. 2007) (“We review de novo whether default judgment is void 2 | because of lack of personal jurisdiction due to insufficient service of process.”). The motion must 3 | address the relevant factors regarding default judgment. See Eitel vy. McCool, 782 F.2d 1470, 4 | 1471-72 (9th Cir. 1986) (noting seven factors that courts may consider before exercising 5 | discretion to enter default judgment). And the motion must support any requested relief, including 6 | attorney fees, costs, and prejudgment interest. See In re Ferrell, 539 F.3d 1186, 1192 (9th Cir. 7 2008) (noting party seeking attorney fees and costs must specify basis for such award); Schneider 8 v. Cnty. of San Diego, 285 F.3d 784, 789 (9th Cir. 2002) (“Whether prejudgment interest is 9 permitted in a particular case is a matter of statutory interpretation, federal common law, and, in some instances, state law.”); Fed. R. Civ. P. 54(c) (“A default judgment must not differ in kind 8 from, or exceed in amount, what is demanded in the pleadings.”). Accordingly, IT IS ORDERED as follows: 2 1. Plaintiff has until May 25, 2023, to move for default judgment against Defendant. 13 2. Plaintiff’s motion for default judgment shall provide developed argument, including specific citation to the record and relevant legal authority, in addressing the requirements 15 discussed above and any other applicable requirements. See Fed. R. Civ. P. 7(b)(1)(B) 16 (noting that motions must “state with particularity the grounds for seeking the order). 17 1g | IIS SO ORDERED. 19 | Dated: _ April 24, 2023 [sf hey 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28