Hunter
Diane Hunter v. Capello’s LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DIANE HUNTER, No. 2:24-cv-2487 DAD AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS CAPELLO’S LLC, Defendant. 15 This case is before the court on plaintiff’s motions for class certification (ECF No. 14) and for default judgment after such certification (ECF No. 13). The motion for class certification was referred to the undersigned by the district judge presiding over this case (ECF No. 20), whereas the motion for default judgment was referred to the undersigned pursuant to E.D. Cal. R. 302(c)(19). The motions were taken under submission on the papers on June 17, 2025, but restored to the calendar on October 2, 2025. ECF Nos. 21, 24. Following a hearing on December 3, 2025, for the reasons set forth below, the undersigned recommends that both motions be denied without prejudice. I. Relevant Background Plaintiff filed this complaint on September 12, 2025, asserting jurisdiction under 28 26…