United States v. Approximately $14,000.00 in U.S. Currency ( 2024 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 UNITED STATES, Case No. 1:24-cv-00140-SAB 11 Plaintiff, ORDER VACATING DECEMBER 19, 2024 SCHEDULING CONFERENCE AND 12 v. REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 13 APPROXIMATELY $14,000.00 IN U.S. CURRENCY, et al., THIRTY-FIVE DAY DEADLINE 14 Defendants. 15 16 Plaintiff commenced this action on January 31, 2024. (ECF No. 1.) On July 29, 2024, 17 the Clerk of the Court entered default against Defendants Pedro Lopez Jr., Norma Williams, and 18 Howard Miller. (ECF No. 15.) The scheduling conference in this matter is currently set for 19 December 19, 2024. (ECF No. 16.) 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, a plaintiff can seek entry of default judgment. Fed. R. Civ. 26 P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably 27 possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 1 | 1991) (cleaned up). 2 As the Defendants in this matter are in default, the Court shall vacate the initial 3 | scheduling conference and set a deadline for a motion for default judgment to be filed. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Within thirty-five (35) days from the date of service of this order, Plaintiff shall 6 file a motion for default judgment; 7 2. The scheduling conference set for December 19, 2024, is VACATED; and 8 3. Plaintiff is advised that the failure to comply with this order shall result in a 9 recommendation that this action be dismissed for failure to prosecute. 10 i IT IS SO ORDERED. FA. ee 12 | Dated: _ November 13, 2024 STANLEY A. BOONE 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28