Price Simms Holdings LLC v. Candle3, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 PRICE SIMMS HOLDINGS, LLC, et al., No. 2:18-cv-1851-WBS-KJN Plaintiffs, ORDER ON REQUEST FOR
ENTRY OF DEFAULT AGAINST
v. DEFENDANT CANDLE3 CANDLE3, LLC, (ECF No. 118) Defendant. 16 Presently pending before the court is a motion for an entry of default brought by plaintiffs/counter-defendants Price Simms (et al.) against defendant/counterclaimant Candle3, as well as a motion to dismiss Candle3’s counterclaims for failure to prosecute. (ECF No. 118.) Candle3 previously appeared, answered, and generally participated in this action. However, since late 2019, Candle3 has failed to respond to any of Price Simms’s discovery requests or this court’s discovery orders, despite ample notice. Further, since February 2020, Candle3 has been without counsel after previous counsel was permitted to withdraw. For the reasons stated below, the court orders default be entered against Candle3. For judicial economy, the…