Frank Dufour v. Robert Allen et al

Filing 258

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Second Request for Default Judgment Against Defendant Giddens & Giddens 253 Second Request for Default Judgment Against Defendant Charlie Payne 254 . The Court DENIES plaintiff's requests for entry of default judgment. However, the Court denies plaintiff's requests WITHOUT PREJUDICE to renewal. In any future requests for entry of default judgment plaintiff is instructed to clearly set forth why, accepting the allegations in the operative complaint as true, he is entitled to prevail on his claims against defendants Payne and Giddens. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL

‘O’

Case No.

2:14-cv-05616-CAS(SSx)

Title

FRANK DUFOUR V. ROBERT ALLEN, ET AL.

Present: The Honorable

Date

July 28, 2016

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not Present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants:

Not Present

Not Present

Proceedings:

(IN CHAMBERS) - SECOND REQUEST FOR DEFAULT
JUDGMENT AGAINST DEFENDANT GIDDENS & GIDDENS
(Dkt. 253, filed June 23, 2016)
SECOND REQUEST FOR DEFAULT JUDGMENT AGAINST
DEFENDANT CHARLIE PAYNE (Dkt. 254, filed June 23, 2016)

On June 23, 2016, plaintiff Frank Dufour filed two requests for default judgment
against defendants Charlie Payne (“Payne”) and Giddens & Giddens (“Giddens”). Dkt.
253, 254.1 Plaintiff requests that the Court enter a judgment in his favor against these
defendants in the amount of $3,565,493.57. Nonetheless, the Court finds that plaintiff
has failed to set forth a sufficient basis for the Court to enter a default judgment in his
favor.
The Ninth Circuit has directed that courts consider the following factors in
deciding whether to enter default judgment: (1) the possibility of prejudice to plaintiff;
(2) the merits of plaintiff’s substantive claims; (3) the sufficiency of the complaint; (4)
the sum of money at stake in the action; (5) the possibility of a dispute concerning the
material facts; (6) whether defendant’s default was the product of excusable neglect; and
(7) the strong policy favoring decisions on the merits. See Eitel v. McCool, 782 F.2d
1470, 1471-72 (9th Cir. 1986). Here, in his motions for default judgment, plaintiff does
not address any of these factors. Most significantly, plaintiff makes no attempt to explain
the merits of his substantive claims or how the allegations in his operative complaint are
1

The Court finds this motion appropriate for decision without oral argument. See
Fed. R. Civ. P. 78; C.D. Cal. Local Rule 7-15. Accordingly, the hearing date of August
1, 2016, is vacated, and the matter is hereby taken under submission.
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

2:14-cv-05616-CAS(SSx)

Date

Title

‘O’

July 28, 2016

FRANK DUFOUR V. ROBERT ALLEN, ET AL.

sufficient to warrant entry of default judgment. Indeed, at no point in his requests for
default judgment does plaintiff set forth the legal basis for his claims or even cite case
law. In light of these deficiencies in plaintiff’s requests, and particularly given the large
amount of damages plaintiff is requesting—more than $3 million—the Court finds that it
is inappropriate to enter default judgment against defendants Payne and Giddens at this
time. Eitel, 782 F.2d at 1472 (finding it was not an abuse of discretion to deny default
judgment where, among other things, plaintiff “was seeking almost $3 million in
damages”).
Accordingly, the Court DENIES plaintiff’s requests for entry of default judgment.
However, the Court denies plaintiff’s requests WITHOUT PREJUDICE to renewal. In
any future requests for entry of default judgment plaintiff is instructed to clearly set forth
why, accepting the allegations in the operative complaint as true, he is entitled to prevail
on his claims against defendants Payne and Giddens.
IT IS SO ORDERED.
00
Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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