Chavez

(PC) Tate v. Chavez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 25, 20232:22-cv-00211California367 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LIONEL TATE, SR., No. 2:22-cv-0211 DAD CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS L. CHAVEZ, et al., Defendants. 16 On January 20, 2022, plaintiff filed a motion for entry of default judgment against defendant Mann. As plaintiff was informed by the Clerk of the Court in response to plaintiff’s request for entry of default, defendant Mann’s responsive pleading is not due until March 23, 2023 and defendant Mann has not previously been in default. From plaintiff’s motion, it appears plaintiff believes he is entitled to default judgment because counsel for defendant Mann did not adequately consult with plaintiff before seeking an extension of time to file a responsive pleading. Even assuming for the sake of argument that counsel for defendant Mann ran afoul of the Federal Rules of Civil Procedure or the local rules of this court in not consulting with plaintiff before seeking an extension of time, that is not a basis…

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