Thomas v. Family Healthcare Network

E.D. California

Thomas v. Family Healthcare Network

DecidedMarch 13, 2024

Docket1:23-cv-01610

StatusUnknown

This text of Thomas v. Family Healthcare Network (Thomas v. Family Healthcare Network) 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.

Bluebook

Thomas v. Family Healthcare Network, (E.D. Cal. 2024).

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Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 DEANNE THOMAS, Case No. 1:23-cv-01610-NODJ-SAB

12 Plaintiff, ORDER VACATING MARCH 26, 2024 SCHEDULING CONFERENCE AND 13 v. REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 14 FAMILY HEALTHCARE NETWORK, et al., THIRTY DAY DEADLINE 15 Defendants.

16 17 Deanne Thomas (“Plaintiff”) filed this action on November 15, 2023, against Defendants 18 Family Healthcare Network and Narwhals Mating, M.D. (ECF No. 1.) On March 13, 2024, the 19 Clerk of the Court entered default against Defendants pursuant to Plaintiff’s requests. (ECF Nos. 20 11, 12.) 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 Defendants in this matter are in default, the Court shall vacate the mandatory 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 (30) days from the date of service of this order, Plaintiff shall file a 6 motion for default judgment; 7 2. The scheduling conference set for March 26, 2024, 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: _ March 13, 2024

UNITED STATES MAGISTRATE JUDGE

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8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 DEANNE THOMAS, Case No. 1:23-cv-01610-NODJ-SAB

12 Plaintiff, ORDER VACATING MARCH 26, 2024 SCHEDULING CONFERENCE AND 13 v. REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 14 FAMILY HEALTHCARE NETWORK, et al., THIRTY DAY DEADLINE 15 Defendants.

16 17 Deanne Thomas (“Plaintiff”) filed this action on November 15, 2023, against Defendants 18 Family Healthcare Network and Narwhals Mating, M.D. (ECF No. 1.) On March 13, 2024, the 19 Clerk of the Court entered default against Defendants pursuant to Plaintiff’s requests. (ECF Nos. 20 11, 12.) 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 Defendants in this matter are in default, the Court shall vacate the mandatory 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 (30) days from the date of service of this order, Plaintiff shall file a 6 motion for default judgment; 7 2. The scheduling conference set for March 26, 2024, 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: _ March 13, 2024

UNITED STATES MAGISTRATE JUDGE

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Thomas v. Family Healthcare Network, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-family-healthcare-network-caed-2024.