Sunbelt Rentals, Inc. v. Allen Engineering Contractor, Inc.

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SUNBELT RENTALS, INC., No. 2:20-cv-01246-MCE-CKD 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 ALLEN ENGINEERING

CONTRACTOR, INC.; UNION PACIFIC

15 RAILROAD CO.; SOUTHERN PACIFIC CO.; and ROGER A. TATE, 16 Defendants. 17 18 Before the court is plaintiff Sunbelt Rentals, Inc.’s (“Sunbelt”) motion for default 19 judgment against defendants Allen Engineering Contractor, Inc. (“Allen Engineering”) and Roger 20 A. Tate (“Tate”). For the reasons below, the court will recommend granting Sunbelt’s motion for 21 default judgment against Allen Engineering and denying it against Tate. 22 I. BACKGROUND 23 A. Procedural History 24 On June 19, 2020, Sunbelt filed its original complaint against four defendants—Tate, 25 Allen Engineering, Union Pacific Railroad Co., and Southern Pacific Co.—for unpaid debt of 26 approximately $70,000. (ECF No. 1.) On July 9, 2020, Sunbelt filed its First Amended 27 Complaint against the same defendants. (ECF No. 6.) None of the…