Alvarez

A&C Trade Consultants, Inc. v. Alvarez

Good Law
United States District Court, Northern District of CaliforniaMarch 23, 20213:18-cv-05356-MMCCalifornia561 words

Opinion

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 A&C TRADE CONSULTANTS, INC., Case No. 18-cv-05356-MMC

Plaintiff,

ORDER DENYING WITHOUT

v. PREJUDICE PLAINTIFF'S MOTION

TO ENTER DEFAULT JUDGMENT

JOEL E ALVAREZ, et al.,

Defendants.

12 Before the Court is plaintiff's "Motion to Enter Default Judgment Against All Defendants," filed March 19, 2021. The Court having read and considered the moving papers, the motion, for the reasons set forth below, will be denied without prejudice. First, "[w]hen entry of default is sought against a party who has failed to plead or otherwise defend, a district court has an affirmative duty to look into its jurisdiction over . . . the parties." See In re Tuli, 172 F.3d 707, 712 (1999). Plaintiff's motion, however, fails to establish the Court can exercise personal jurisdiction over the remaining defendants, at least two of whom appear to be citizens of another country. Second, with respect to liability, although a court "must take…

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