Elmer

Elmer v. Hinkley

Good Law
United States District Court, Eastern District of CaliforniaFebruary 14, 20251:24-cv-00871California377 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN ELMER, Case No. 1:24-cv-00871-SAB

Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE

ENTRY OF DEFAULT

v.

DEADLINE: FEBRUARY 26, 2025

HINKLEY, et al., Defendants.

16 Plaintiff commenced this action on July 30, 2024. (ECF No. 1.) On January 21, 2025, Plaintiff filed a summons returned executed, indicating that service had been effectuated on all defendants with an answer due by February 7, 2025. (ECF No. 19.) The scheduling conference in this matter is currently set for March 11, 2025. (ECF No. 9.) Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed.…

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