Summary
The United States District Court for the Eastern District of California orders assignment of a district judge, vacates the initial scheduling conference, and sets a deadline for the plaintiff to move for default judgment. The order explains that any motion must address service, jurisdiction, the Eitel factors, and support for requested damages, fees, and costs.
Holdings
- Before seeking default judgment, plaintiff must establish proper service on the defendant and the court's subject-matter and personal jurisdiction, address the relevant default-judgment factors, independently address each count in the complaint, and support any requested attorney fees, costs, damages, or other monetary recovery with legal authority and an explanation of the amount sought.
- The clerk was directed to assign a district judge, the initial scheduling conference was vacated, and plaintiff was given until August 18, 2025, to move for default judgment against defendant.
Questions Presented
- What requirements must plaintiff address in a motion for default judgment after entry of clerk's default?
- What case-management orders should issue following the clerk's entry of default?
Disposition
other
Cases Cited (5)
- In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999)(relied upon)
- S.E.C. v. Internet Sols. for Bus. Inc., 509 F.3d 1161, 1165 (9th Cir. 2007)(relied upon)
- Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986)(relied upon)
- In re Ferrell, 539 F.3d 1186, 1192 (9th Cir. 2008)(relied upon)
- Schneider v. Cnty. of San Diego, 285 F.3d 784, 789 (9th Cir. 2002)(relied upon)
Cited In (0)
No citing cases on record yet.
Court Document
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