Nautilus Insurance Company v. Nulife Mulholland, LLC

Summary

The United States District Court for the Central District of California ordered Nautilus Insurance Company to file and serve a motion for default judgment after defaults were entered against three defendants. The order specifies required contents for the motion, including procedural history, compliance with Local Rule 55-1, the Eitel factors, applicable causes of action, and substantiation of damages and attorney’s fees.

Holdings

1. After entry of default, plaintiff must timely file and serve a motion for default judgment addressing the action's procedural history, Local Rule 55-1, the Eitel factors, the elements of the causes of action, and the legal and factual bases for any damages and attorney's fees sought, supported by detailed calculations and admissible evidence.
2. Failure to timely file the default-judgment motion, comply with the order's requirements, or provide sufficient information to decide entitlement or damages may result in denial of the motion and/or dismissal of the action for failure to prosecute or comply with a court order.

Questions Presented

1. What requirements must plaintiff satisfy in moving for default judgment after entry of default?
2. What consequences may follow if plaintiff fails to timely file the motion or fails to provide sufficient legal, factual, and evidentiary support for the requested relief?

Disposition

other