Mark Coleman, et al. v. Nuttall, Inc., et al.

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MARK COLEMAN, et al. Case No. 1:25-cv-00988-JLT-SAB

12 Plaintiffs, ORDER REQUIRING PLAINTIFFS TO FILE A MOTION FOR DEFAULT 13 v. JUDGMENT AS TO DEFENDANT SOUTHWEST PENSION 14 NUTTALL, INC., et al., ADMINISTRATION, LLC

15 Defendants. THIRTY-FIVE DAY DEADLINE

16 17 Plaintiffs commenced this action on August 8, 2025. (ECF No. 1.) On September 18, 18 2025, the Clerk of the Court entered default against Defendant Southwest Pension 19 Administration, LLC. (ECF Nos. 12, 13.) The scheduling conference in this matter is currently 20 set for November 20, 2025. (ECF No. 3.) 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 seek entry of default judgment. Fed. R. Civ. 27 P. 55(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably possible, cases should be decided upon their merits.” In re Hammer, 940 F.2d 524, (9th Cir. 1 | 1991) (cleaned up). 2 As Defendant Southwest Pension Administration, LLC, is in default, the Court will set a 3 | 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 entry of this order, Plaintiffs shall 6 file a motion for default judgment against Defendant Southwest Pension 7 Administration, LLC; and 8 2. Plaintiffs are advised that the failure to comply with this order may result in a 9 recommendation that the claims against this defendant be dismissed for failure to 10 prosecute. 11 0 IT IS SO ORDERED. FA. Se 13 | Dated: _ September 18, 2025 STANLEY A. BOONE 14 United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28