Freshko Produce Services, Inc. v. ILA Products, Inc.

I. BACKGROUND

23 On January 4, 2019, Plaintiff filed a complaint seeking damages, declaratory relief, attorneys’ 24 fees, and costs pursuant to the Perishable Agricultural Commodities Act, 7 U.S.C. § 499a et seq., and 25 related claims. (Doc. No. 1.) On February 1, 2019, Plaintiff filed proofs of service of the summons 26 and complaint on Defendants. (Doc. Nos. 5-8.) On February 20, 2019, Plaintiff requested entry of 27 default against Defendants. (Doc. Nos. 9-12.) The Clerk of Court entered default against Defendants 28 on February 21, 2019. (Doc. No. 13.) On February 28, 2019, and March 1, 2019, Defendants Jamie Gibson and Kathy Gibson, each appearing pro se, filed answers to the complaint, which the Court construed as motions to set aside the Clerk’s entry of default against them. (Doc. Nos. 14, 16-17.) On March 1, 2019, Plaintiff filed its first motion for default judgment against Defendants. (Doc. No. 15.) On April 22, 2019, after the parties had an opportunity to brief Defendant Jamie Gibson and Kathy Gibson’s motions to set aside default, the Court issued findings and recommendations to set aside the defaults entered against Defendants…