Block v. Pal Brothers LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 HENDRIK BLOCK, Case No. 1:22-cv-01394-SAB 12 Plaintiff, ORDER VACATING JANUARY 26, 2023 SCHEDULING CONFERENCE AND 13 v. REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 14 PAL BROTHERS LLC, FORTY-FIVE-DAY DEADLINE 15 Defendant. 16 17 Hendrik Block (“Plaintiff”) filed this action on October 28, 2022, against Pal Brothers 18 LLC (“Defendant”). (ECF No. 1.) On January 6, 2023, the Clerk of the Court entered default 19 against Defendant pursuant to Plaintiff’s request. (ECF Nos. 5, 6.) 20 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- 21 step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. 22 Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 23 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 24 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 25 Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default judgment. Fed. R. 26 Civ. P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is 27 reasonably possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 1991) (internal punctuation and citations omitted). 1 As the Defendant in this matter is in default, the Court shall vacate the mandatory 2 | scheduling conference and set a deadline for a motion for default judgment to be filed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within forty-five (45) days from the date of service of this order, Plaintiff shall 5 file a motion for default judgment; 6 2. The scheduling conference set for January 26, 2023, is VACATED; and 7 3. Plaintiff is advised that the failure to comply with this order shall result in a 8 recommendation that this action be dismissed for failure to prosecute. 9 10 IT IS SO ORDERED. DAM Le 11 | Dated: _January 10, 2023 __ Of UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28