Board of Trustees of Teamsters Local 631 Security Fund for Southern Nevada v. World Wide Exhibits, Inc. ( 2024 )

1 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA Board of Trustees of the Teamsters Local 631 Case No. 2:23-cv-01469-CDS-DJA Security Fund for Southern Nevada, et al., 4 Ordering Plaintiffs to Move for Default Plaintiffs Judgment or Show Cause 5 V. 6l] World Wide Exhibits, Inc., 7 Defendant 8 9 Plaintiffs Board of Trustees of the Teamsters Local 631 Security Fund for Southern Nevada and Board of Trustees of the Teamsters Convention Industry Training Fund brought 11] this Employee Retirement Income Security Act (“E.R.LS.A.”) action against defendant World 12|| Wide Exhibits, Inc. in September of 2023. Compl., ECF No. L. Plaintiffs served World Wide 13|| Exhibits with the summons and complaint on December 8, 2023—making World Wide Exhibits’ answer due on December 29, 2023. ECF No. No. 5. Six months later, World Wide 15|| Exhibits has neither filed an answer to the complaint nor has otherwise appeared. Therefore, 16]| plaintiffs requested an entry of default (ECF No. 7) and the Clerk of Court entered default against World Wide Exhibits on May 10, 2024 (Default, ECF No. 10), yet plaintiffs have not 18|| moved for default judgment against World Wide Exhibits. 19 Consequently, plaintiffs are hereby ordered to move for default judgment against 20|| World Wide Exhibits or show cause why they are not doing so by July 3, 2024. Plaintiffs are reminded to ensure that any motion for default judgment complies with Fed. R. Civ. P. 55 22|| and addresses the seven factors set forth in Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986). Failure to do so by the deadline may result in the dismissal of the action under Fed. R. Civ. P. 41(b). /) 25 Dated: June 12, 2024 Lf °° tm Uni dAtates District Judge