Philadelphia Indemnity Insurance Company v. United Revolver Club of Sacramento, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PHILADELPHIA INDEMNITY No. 2:18-cv-2960 KJM DB INSURANCE COMPANY, a Pennsylvania corporation, ORDER Plaintiff, 14 v.
UNITED REVOLVER CLUB OF
SACRAMENTO, INC., a California corporation, 17 Defendant. 19 On August 22, 2019, plaintiff filed a motion for default judgment. (ECF No. 14.) Plaintiff’s motion is noticed for hearing before the undersigned on September 27, 2019, pursuant to Local Rule 302(c)(19). Plaintiff’s motion notes that service of the motion on the defaulting defendant “is not required” by the Federal Rules of Civil Procedure. (Pl.’s MDJ (ECF No. 14) at 1.) And the motion for default judgment does not include proof of service. It is true that service of a motion for default judgement on a defaulting party is not required. See Fed. R. Civ. P. 55(b)(2) (requiring that written notice of an application for default judgment be served upon the party against whom judgment is sought only if that party “has appeared in…