Great American Insurance Company v. Revolutionary Productions Inc.

Opinion

7 UNITED STATES DISTRICT COURT 8 9 EASTERN DISTRICT OF CALIFORNIA 10 GREAT AMERICAN INSURANCE Case No. 1:24-cv-01001-SAB 11 COMPANY, ORDER VACATING MARCH 18, 2025 12 Plaintiff, SCHEDULING CONFERENCE AND REQUIRING PLAINTIFF TO FILE A 13 v. MOTION FOR DEFAULT JUDGMENT

14 REVOLUTIONARY PRODUCTIONS INC., THIRTY-FIVE DAY DEADLINE 15 Defendant.

16 17 Plaintiff filed the complaint in this action on August 21, 2024. (ECF No. 1.) On 18 December 19, 2024, the Clerk of the Court entered default against Defendant Revolutionary 19 Productions Inc. (ECF No. 13.) The scheduling conference in this matter is currently set for 20 March 18, 2025. (ECF No. 8.) 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, the plaintiff can seek entry of default judgment. Fed. R. 27 Civ. P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is 1 | (9th Cir. 1991) (internal punctuation and citations omitted). 2 As the only defendant in this matter is in default, the Court shall vacate the initial 3 | scheduling conference and set a deadline for a motion for default judgment to be filed. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Within thirty-five (35) days from the date of service of this order, Plaintiff shall 6 file a motion for default judgment; 7 2. The scheduling conference set for March 18, 2025, is VACATED; and 8 3. Plaintiff is advised that the failure to comply with this order shall result in a 9 recommendation that this action be dismissed for failure to prosecute. 10 i IT IS SO ORDERED. FA. ee 12 | Dated: _ December 20, 2024 STANLEY A. BOONE 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28