Figueroa

Figueroa v. Clerie

Good Law
United States District Court, Eastern District of CaliforniaFebruary 19, 20212:18-cv-03275California578 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CESAR FIGUEROA, No. 2:18-cv-3275 JAM DB Plaintiff, v. ORDER ELIZABETH M. CLERIE, et al., Defendants. 16 On April 11, 2020, plaintiff Cesear Figueroa filed a motion for default judgment. (ECF No. 15.) On February 17, 2021, the assigned District Judge referred the motion to the undersigned. (ECF No. 17.) Review of plaintiff’s motion finds that it is defective in several respects. First, plaintiff directed the motion to the assigned District Judge. (ECF No. 15-2.) As noted by the February 17, 2021 minute order, plaintiff’s motion should have been directed to the undersigned pursuant to Local Rule 302(c)(19). Second, plaintiff’s motion was not noticed for hearing in violation of Local Rule 230. Third, “plaintiff failed to first seek a clerk’s entry of default, which is required before a plaintiff may move for a default judgment.” Marty v. Green, No. 2:10-cv-1823 KJM KJN PS, 2011 WL 320303, at *1…

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