Elmer v. Hinkley

E.D. California

Elmer v. Hinkley

DecidedFebruary 14, 2025

Docket1:24-cv-00871

StatusUnknown

This text of Elmer v. Hinkley (Elmer v. Hinkley) 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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Elmer v. Hinkley, (E.D. Cal. 2025).

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JOHN ELMER, Case No. 1:24-cv-00871-SAB

12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE ENTRY OF DEFAULT 13 v. DEADLINE: FEBRUARY 26, 2025 14 HINKLEY, et al., 15 Defendants.

16 17 Plaintiff commenced this action on July 30, 2024. (ECF No. 1.) On January 21, 2025, 18 Plaintiff filed a summons returned executed, indicating that service had been effectuated on all 19 defendants with an answer due by February 7, 2025.1 (ECF No. 19.) The scheduling conference 20 in this matter is currently set for March 11, 2025. (ECF No. 9.) 21 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- 22 step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. 23 Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 24 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 25 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 26 Civ. P. 55(a). After entry of default, a plaintiff can move for default judgment. Fed. R. Civ. P. 27 1 | 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably 2 | possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 3 | 1991) (cleaned up). 4 As defendants in this matter have not appeared and have failed to answer, the Court shall 5 | set a deadline for a request for entry of default to be filed by Plaintiff. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff shall file a request for entry of default no later than February 26, 2025; 8 and 9 2. Plaintiff is advised that failure to comply with this order may result in a 10 recommendation that this action be dismissed for failure to prosecute. 11 10 IT IS SO ORDERED. FA. ee 13 | Dated: _ February 14, 2025 STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 JOHN ELMER, Case No. 1:24-cv-00871-SAB

12 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE ENTRY OF DEFAULT 13 v. DEADLINE: FEBRUARY 26, 2025 14 HINKLEY, et al., 15 Defendants.

16 17 Plaintiff commenced this action on July 30, 2024. (ECF No. 1.) On January 21, 2025, 18 Plaintiff filed a summons returned executed, indicating that service had been effectuated on all 19 defendants with an answer due by February 7, 2025.1 (ECF No. 19.) The scheduling conference 20 in this matter is currently set for March 11, 2025. (ECF No. 9.) 21 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- 22 step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. 23 Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 24 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 25 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 26 Civ. P. 55(a). After entry of default, a plaintiff can move for default judgment. Fed. R. Civ. P. 27 1 | 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably 2 | possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 3 | 1991) (cleaned up). 4 As defendants in this matter have not appeared and have failed to answer, the Court shall 5 | set a deadline for a request for entry of default to be filed by Plaintiff. 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff shall file a request for entry of default no later than February 26, 2025; 8 and 9 2. Plaintiff is advised that failure to comply with this order may result in a 10 recommendation that this action be dismissed for failure to prosecute. 11 10 IT IS SO ORDERED. FA. ee 13 | Dated: _ February 14, 2025 STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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