Brooke
Brooke v. Davi LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 THERESA BROOKE, a married woman No. 2:21-cv-0096 KJM DB dealing with her sole and separate claim, 12 Plaintiff, ORDER v. DAVI LLC, a California limited liability company dba Holiday Inn Express & Suites Davis,
Defendant. 18 On February 22, 2021, plaintiff filed a motion for default judgment and noticed the motion for hearing before the undersigned on March 26, 2021, pursuant to Local Rule 302(c)(19). (ECF No. 7.) Plaintiff did not file proof of service of notice of the motion on the defendant. It is true that service of a motion for default judgement on a defaulting party is not required. See Fed. R. Civ. P. 55(b)(2) (requiring that written notice of an application for default judgment be served upon the party against whom judgment is sought only if that party “has appeared in the action”); Local Rule 135(d) (excusing parties from serving documents submitted to the court upon “parties held in default for failure to appear” unless a document…