Shvartsman

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VLAD MALENKO (USA) LLC, a No. 2:24-cv-00121 DAD AC California Limited Liability Corporation, 12 Plaintiff, FINDINGS AND RECOMMENDATIONS v. 14 DIANA SHVARTSMAN and MIRAGE FINE ART, A New Jersey Corporation, Defendants. 17 The Clerk of Court entered default against both defendants in this case on March 1, 2024. Plaintiff has filed a motion for default judgment against both defendants. ECF No. 12. There are several problems with the motion that prevent it from being granted at this time. First, neither the motion itself nor the attached declarations indicate that the motion has been served on defendants. Second, the motion summarily seeks judgment in plaintiff’s favor on the basis of the Clerk’s entry of default, without providing any argument that the legal requirements for default judgment are satisfied. See ECF No. 12 at 1-2. “A defendant’s default does not automatically entitle the plaintiff to a court-ordered judgment.” PepsiCo, Inc.…