Mohamad

Gilbert v. Mohamad

Good Law
United States District Court, Eastern District of CaliforniaOctober 24, 20221:22-cv-00554California814 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 DARREN GILBERT, Case No. 1:22-CV-554 JLT EPG Plaintiff, ORDER VACATING HEARING; REQURING

SUPPLEMENTAL BRIEFING AS TO

v. SERVICE 13 ABDO N. MOHAMAD, et al., (ECF No. 11). 14 Defendants.

16 Pending before the Court is Plaintiff Darren Gilbert’s (“Plaintiff”) motion for default judgment against Defendants Abdo N. Mohamad and Nasser M. Obdaid dba Olsen Service Station (“Defendants”). (ECF No. 11.) As discussed below, the Court will grant Plaintiff leave to submit further supplemental briefing in support of his motion. I. SERVICE Before awarding a default judgment against a defendant, the Court must determine the adequacy of service of process, as well as the Court’s jurisdiction over the subject matter and the parties. In re Tuli, 172 F.3d 707, 712 (9th Cir. 1999) (“When entry of judgment is sought against a party who has failed to plead or otherwise defend, a district court has an affirmative duty to look into its…

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