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

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SUNBELT RENTALS, INC., No. 2:20-cv-01246-MCE-CKD Plaintiff, v. FINDINGS AND RECOMMENDATIONS ALLEN ENGINEERING

CONTRACTOR, INC.; UNION PACIFIC

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