BMO Bank N.A. v. Kular Transportation Inc.

Summary

The United States District Court for the Eastern District of California vacated the initial scheduling conference because defaults had been entered against the defendants. The court ordered the plaintiff to file a motion for default judgment within 35 days and warned that noncompliance could result in a recommendation of dismissal for failure to prosecute.

Holdings

1. Under Federal Rule of Civil Procedure 55, obtaining a default judgment is a two-step process: entry of default under Rule 55(a), followed by a plaintiff's application for default judgment under Rule 55(b)(1) or (b)(2).
2. The initial scheduling conference should be vacated while Plaintiff proceeds with a motion for default judgment.

Questions Presented

1. Whether the court should vacate the initial scheduling conference after the Clerk entered default against the defendants.
2. Whether Plaintiff must file a motion for default judgment under Federal Rule of Civil Procedure 55.

Disposition

other