Sesock v. D1 Kennels

D. Nevada

Sesock v. D1 Kennels

DecidedJanuary 5, 2021

Docket2:20-cv-01466

StatusUnknown

This text of Sesock v. D1 Kennels (Sesock v. D1 Kennels) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sesock v. D1 Kennels, (D. Nev. 2021).

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 HOLLY SESOCK, an individual; and Case No.: 2:20-cv-1466-APG-DJA FLAVIO GUTIERREZ, an individual, 4 Order Granting in Part Motion for Default Plaintiffs Judgment 5 v. [ECF No. 21] 6 RAVEN DUDLEY, an individual; CHRIS 7 DUDLEY, an individual; D1 KENNELS, an unregistered Partnership; MIGUEL CARLOS 8 BARUSO, SR, aka ANTWAIN MCNEIL, an individual; and DOES I through X, 9 Defendants 10 Plaintiffs Holly Sesock and Flavio Gutierrez move for default judgment against 11 defendant Miguel Carlos Baruso, Sr., aka Antwain Mcneil (Mcneil). Mcneil has not appeared in 12 the case or opposed the motion for default judgment. 13 Default was entered against Mcneil on October 23, 2020. ECF No. 13. The plaintiffs’ 14 motion addresses the factors listed in Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). 15 Those factors convince me that it is appropriate to enter default judgment against Mcneil in the 16 amount of $384,000.00. 17 The plaintiffs also request awards of $700.00 for their costs and $3,000 for their 18 attorney’s fees. ECF No. 21 at 3. But the plaintiffs offer no documents, evidence, or legal 19 authority to justify that request. And the plaintiffs have not complied with Federal Rule of Civil 20 Procedure 54(d) and Local Rules 54-1 through 54-14. I deny that portion of the motion. 21 I THEREFORE ORDER that the plaintiffs’ motion for default judgment against 22 defendant Miguel Carlos Baruso, Sr., aka Antwain Mcneil (ECF No. 21) is granted in part. 23 Plaintiffs Holly Sesock and Flavio Gutierrez are entitled to a default judgment against defendant 1}| Miguel Carlos Baruso, Sr., aka Antwain Mcneil in the amount of $384,000.00. However, final judgment will not be entered at this time because claims remain against the other defendants. See Fed. R. Civ. P. 54(b). 4 DATED this 4th day of January, 2021. 5 GO 6 ANDREW P.GORDON sits UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 HOLLY SESOCK, an individual; and Case No.: 2:20-cv-1466-APG-DJA FLAVIO GUTIERREZ, an individual, 4 Order Granting in Part Motion for Default Plaintiffs Judgment 5 v. [ECF No. 21] 6 RAVEN DUDLEY, an individual; CHRIS 7 DUDLEY, an individual; D1 KENNELS, an unregistered Partnership; MIGUEL CARLOS 8 BARUSO, SR, aka ANTWAIN MCNEIL, an individual; and DOES I through X, 9 Defendants 10 Plaintiffs Holly Sesock and Flavio Gutierrez move for default judgment against 11 defendant Miguel Carlos Baruso, Sr., aka Antwain Mcneil (Mcneil). Mcneil has not appeared in 12 the case or opposed the motion for default judgment. 13 Default was entered against Mcneil on October 23, 2020. ECF No. 13. The plaintiffs’ 14 motion addresses the factors listed in Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). 15 Those factors convince me that it is appropriate to enter default judgment against Mcneil in the 16 amount of $384,000.00. 17 The plaintiffs also request awards of $700.00 for their costs and $3,000 for their 18 attorney’s fees. ECF No. 21 at 3. But the plaintiffs offer no documents, evidence, or legal 19 authority to justify that request. And the plaintiffs have not complied with Federal Rule of Civil 20 Procedure 54(d) and Local Rules 54-1 through 54-14. I deny that portion of the motion. 21 I THEREFORE ORDER that the plaintiffs’ motion for default judgment against 22 defendant Miguel Carlos Baruso, Sr., aka Antwain Mcneil (ECF No. 21) is granted in part. 23 Plaintiffs Holly Sesock and Flavio Gutierrez are entitled to a default judgment against defendant 1}| Miguel Carlos Baruso, Sr., aka Antwain Mcneil in the amount of $384,000.00. However, final judgment will not be entered at this time because claims remain against the other defendants. See Fed. R. Civ. P. 54(b). 4 DATED this 4th day of January, 2021. 5 GO 6 ANDREW P.GORDON sits UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23

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