Employee Painters Trust v. Lorn Coatings LLC

W.D. Washington

Employee Painters Trust v. Lorn Coatings LLC

DecidedJuly 6, 2023

Docket2:23-cv-00022

StatusUnknown

This text of Employee Painters Trust v. Lorn Coatings LLC (Employee Painters Trust v. Lorn Coatings LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Employee Painters Trust v. Lorn Coatings LLC, (W.D. Wash. 2023).

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5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 11 EMPLOYEE PAINTERS' TRUST, et al., CASE NO. 2:23-cv-00022-TL 12 Plaintiffs, ORDER v. 13 LORN COATINGS LLC, a Washington 14 Limited Liability Company; CHONA J. LORN, an individual; and THAVY LORN, 15 an individual, 16 Defendants. 17

18 This matter comes before the Court sua sponte. On March 23, 2023, the Clerk entered 19 default as to all Defendants. Dkt. No. 12. On May 18, Plaintiffs filed the pending Motion for 20 Default Judgment. Dkt. No. 14. However, on June 23, counsel for Defendant Lorn Coatings LLC 21 filed a notice of appearance in this matter. Dkt. No. 17. No appearances have been filed on 22 behalf of Defendants Chona J. Lorn or Thavy Lorn.1 Further, on June 30, Defendants filed their 23 1 Defendant Chona Lorn registered to electronically file and receive electronic service in this case on February 2, 24 2023, and was directed to enter an appearance in accordance with Local Civil Rule 83.2. Dkt. No. 9. 1 Answer. Dkt. No. 19. While the Answer was titled “Defendants’ Answer to Complaint [Dkt.1],” 2 the signature block only references Defendant Lorn Coatings LLC. See Dkt. No. 19 at 1, 9. 3 “Entry of default cuts off a defendant's right to appear in the action or to present a 4 defense.” Gordy v. Cnty. of Los Angeles, No. C21-7091, 2022 WL 3127853, at *3 (C.D. Cal.

5 Mar. 22, 2022) (citing MKay, Inc. v. City of Huntington Park, No. C17-1467, 2017 WL 6 10574460, at *3 (C.D. Cal. Aug. 21, 2017)); accord Karen L. Stevenson & James E. Fitzgerald, 7 Rutter Group Practice Guide: Federal Civil Procedure Before Trial (California and Ninth Circuit 8 Edition) ¶ 6.42 (2023) (“Entry of a defendant's default cuts off defendant's right to appear in the 9 action or to present evidence.” (citing Clifton v. Tomb, 21 F.2d 893, 897 (4th Cir. 1927))). “A 10 defendant’s remedy if a defendant wants to set aside default and defend an action . . . is for the 11 defendant to file a motion to set aside entry of default pursuant to Rule 55(c) of the Federal Rules 12 of Civil Procedure.” MKay, Inc., 2017 WL 10574460, at *3 (quoting Great Am. Ins. Co. v. M.J. 13 Menefee Const., Inc., No. C06-0392, 2006 WL 2522408, at *2 (E.D. Cal. Aug. 29, 2006)). 14 Accordingly, Defendant Lorn Coatings LLC’s notice of appearance (Dkt. No. 17) and

15 Defendants’ Answer (Dkt. No. 19) are STRICKEN. Should any defendant wish to file a motion to 16 set aside entry of default, the motion SHALL be filed by August 4, 2023, and SHALL clearly state 17 in the body of the motion on which defendant(s) the motion is filed. Plaintiffs’ Motion for 18 Default Judgment (Dkt. No. 14) SHALL be re-noted for August 4, 2023. 19 Dated this 6th day of July 2023. 20 A 21 Tana Lin United States District Judge 22

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5 6 7 8 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON 9 AT SEATTLE 10 11 EMPLOYEE PAINTERS' TRUST, et al., CASE NO. 2:23-cv-00022-TL 12 Plaintiffs, ORDER v. 13 LORN COATINGS LLC, a Washington 14 Limited Liability Company; CHONA J. LORN, an individual; and THAVY LORN, 15 an individual, 16 Defendants. 17

18 This matter comes before the Court sua sponte. On March 23, 2023, the Clerk entered 19 default as to all Defendants. Dkt. No. 12. On May 18, Plaintiffs filed the pending Motion for 20 Default Judgment. Dkt. No. 14. However, on June 23, counsel for Defendant Lorn Coatings LLC 21 filed a notice of appearance in this matter. Dkt. No. 17. No appearances have been filed on 22 behalf of Defendants Chona J. Lorn or Thavy Lorn.1 Further, on June 30, Defendants filed their 23 1 Defendant Chona Lorn registered to electronically file and receive electronic service in this case on February 2, 24 2023, and was directed to enter an appearance in accordance with Local Civil Rule 83.2. Dkt. No. 9. 1 Answer. Dkt. No. 19. While the Answer was titled “Defendants’ Answer to Complaint [Dkt.1],” 2 the signature block only references Defendant Lorn Coatings LLC. See Dkt. No. 19 at 1, 9. 3 “Entry of default cuts off a defendant's right to appear in the action or to present a 4 defense.” Gordy v. Cnty. of Los Angeles, No. C21-7091, 2022 WL 3127853, at *3 (C.D. Cal.

5 Mar. 22, 2022) (citing MKay, Inc. v. City of Huntington Park, No. C17-1467, 2017 WL 6 10574460, at *3 (C.D. Cal. Aug. 21, 2017)); accord Karen L. Stevenson & James E. Fitzgerald, 7 Rutter Group Practice Guide: Federal Civil Procedure Before Trial (California and Ninth Circuit 8 Edition) ¶ 6.42 (2023) (“Entry of a defendant's default cuts off defendant's right to appear in the 9 action or to present evidence.” (citing Clifton v. Tomb, 21 F.2d 893, 897 (4th Cir. 1927))). “A 10 defendant’s remedy if a defendant wants to set aside default and defend an action . . . is for the 11 defendant to file a motion to set aside entry of default pursuant to Rule 55(c) of the Federal Rules 12 of Civil Procedure.” MKay, Inc., 2017 WL 10574460, at *3 (quoting Great Am. Ins. Co. v. M.J. 13 Menefee Const., Inc., No. C06-0392, 2006 WL 2522408, at *2 (E.D. Cal. Aug. 29, 2006)). 14 Accordingly, Defendant Lorn Coatings LLC’s notice of appearance (Dkt. No. 17) and

15 Defendants’ Answer (Dkt. No. 19) are STRICKEN. Should any defendant wish to file a motion to 16 set aside entry of default, the motion SHALL be filed by August 4, 2023, and SHALL clearly state 17 in the body of the motion on which defendant(s) the motion is filed. Plaintiffs’ Motion for 18 Default Judgment (Dkt. No. 14) SHALL be re-noted for August 4, 2023. 19 Dated this 6th day of July 2023. 20 A 21 Tana Lin United States District Judge 22

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