Papagni Fruit and Juice, LP v. James Corrado Inc.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PAPAGNI FRUIT AND JUICE, LP, Case No. 1:24 -cv-00377-KES-SKO

Plaintiff, ORDER DENYING PLAINTIFF’S MOTION

FOR DEFAULT JUDGMENT AS

v. PREMATURE

JAMES CORRADO INC., et al., (Doc. 12) Defendants.

16 On March 29, 2024, Papagni Fruit and Juice, LP (“Plaintiff”) filed this action alleging causes of action under the Perishable Agricultural Commodities Act (“PACA”) and California law. (Doc. 1.) Currently before the Court is Plaintiff’s motion for default judgment filed on May 6, 2024. (Doc. 12.) As discussed below, Plaintiff’s motion is premature as no defendant has had default entered against them--a necessary condition before they entry of default judgment. In addition, because Plaintiff’s motion does not address them, the Court sets out the factors applicable to a motion for default judgment so Plaintiff is aware of the applicable legal standards if it chooses to seek default judgment again after obtaining an entry of default. A. Legal Standard…