Acosta v. All American Glass, Inc.

E.D. California

Acosta v. All American Glass, Inc.

DecidedMay 7, 2025

Docket1:25-cv-00240

StatusUnknown

This text of Acosta v. All American Glass, Inc. (Acosta v. All American Glass, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Acosta v. All American Glass, Inc., (E.D. Cal. 2025).

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7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 JOSE ACOSTA, Case No. 1:25-cv-00240-JLT-SAB

11 Plaintiff, ORDER VACATING JUNE 5, 2025 SCHEDULING CONFERENCE AND 12 v. REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 13 ALL AMERICAN GLASS, INC.., et al., THIRTY-FIVE DAY DEADLINE 14 Defendants.

15 16 Plaintiff commenced this action on February 24, 2025. (ECF No. 1.) On April 10, 2025, 17 2025, the Clerk of the Court entered default against Defendants All American Glass, Inc. and 18 Laura M. Williams. (ECF Nos. 7, 8.) The scheduling conference in this matter is currently set 19 for June 5, 2025. (ECF No. 3.) 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 As the Defendants in this matter are in default, the Court shall vacate the initial 2 | scheduling conference and set a deadline for a motion for default judgment to be filed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within thirty-five (35) days from the date of service of this order, Plaintiff shall 5 file a motion for default judgment; 6 2. The initial scheduling conference set for June 5, 2025, is VACATED; and 7 3. Plaintiff is advised that the failure to comply with this order shall result in a 8 recommendation that this action be dismissed for failure to prosecute. 9 10 IT IS SO ORDERED. FA. ee 11 | Dated: _ May 7, 2025 STANLEY A. BOONE 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 JOSE ACOSTA, Case No. 1:25-cv-00240-JLT-SAB

11 Plaintiff, ORDER VACATING JUNE 5, 2025 SCHEDULING CONFERENCE AND 12 v. REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 13 ALL AMERICAN GLASS, INC.., et al., THIRTY-FIVE DAY DEADLINE 14 Defendants.

15 16 Plaintiff commenced this action on February 24, 2025. (ECF No. 1.) On April 10, 2025, 17 2025, the Clerk of the Court entered default against Defendants All American Glass, Inc. and 18 Laura M. Williams. (ECF Nos. 7, 8.) The scheduling conference in this matter is currently set 19 for June 5, 2025. (ECF No. 3.) 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 As the Defendants in this matter are in default, the Court shall vacate the initial 2 | scheduling conference and set a deadline for a motion for default judgment to be filed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within thirty-five (35) days from the date of service of this order, Plaintiff shall 5 file a motion for default judgment; 6 2. The initial scheduling conference set for June 5, 2025, is VACATED; and 7 3. Plaintiff is advised that the failure to comply with this order shall result in a 8 recommendation that this action be dismissed for failure to prosecute. 9 10 IT IS SO ORDERED. FA. ee 11 | Dated: _ May 7, 2025 STANLEY A. BOONE 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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