GS Holistic, LLC v. City Stars Smoke Shop ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 GS HOLISTIC, LLC, Case No. 1:23-cv-00285-JLT-SAB 11 Plaintiff, ORDER VACATING AUGUST 29, 2023 12 SCHEDULING CONFERENCE AND v. REQUIRING PLAINTIFF TO FILE A 13 MOTION FOR DEFAULT JUDGMENT CITY STARS SMOKE SHOP, et al., 14 THIRTY DAY DEADLINE Defendants. 15 16 The Court has entered default against all Defendants in this action. (ECF Nos. 6, 17.) 17 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- 18 step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. 19 Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 20 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 21 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 22 Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default judgment. Fed. R. 23 Civ. P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is 24 reasonably possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, 25 (9th Cir. 1991) (internal punctuation and citations omitted). 26 As the Defendants in this matter are in default, the Court shall vacate the mandatory 27 scheduling conference and set a deadline for a motion for default judgment to be filed. / / / 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Within thirty (30) days from the date of service of this order, Plaintiff shall file a 3 motion for default judgment; 4 2. The scheduling conference set for August 29, 2023, is VACATED; and 5 3. Plaintiff is advised that the failure to comply with this order shall result in a 6 recommendation that this action be dismissed for failure to prosecute. 7 8 IT IS SO ORDERED. DAA (e_ g | Dated: _July 31, 2023 _ ef 0 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28