Block

Block v. Pal Brothers LLC

Good Law
United States District Court, Eastern District of CaliforniaJanuary 10, 20231:22-cv-01394California380 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

HENDRIK BLOCK, Case No. 1:22-cv-01394-SAB

Plaintiff, ORDER VACATING JANUARY 26, 2023

SCHEDULING CONFERENCE AND

v. REQUIRING PLAINTIFF TO FILE A

MOTION FOR DEFAULT JUDGMENT

PAL BROTHERS LLC,

FORTY-FIVE-DAY DEADLINE

Defendant.

16 Hendrik Block (“Plaintiff”) filed this action on October 28, 2022, against Pal Brothers LLC (“Defendant”). (ECF No. 1.) On January 6, 2023, the Clerk of the Court entered default against Defendant pursuant to Plaintiff’s request. (ECF Nos. 5, 6.) Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2 (N.D. Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 25 …

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