Monclova-Chavez v. McEachern et al

Filing 184

ORDER Directing Plaintiff to File Supplemental Brief Supporting Motion for Default Judgment, signed by Magistrate Judge Barbara A. McAuliffe on 7/1/14. 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MAXIMILLIAN MONCLOVA-CHAVEZ,

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Plaintiff,
v.
ERIC McEACHERN, et al.,
Defendants.

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Case No.: 1:08-cv-00076-AWI-BAM
ORDER DIRECTING PLAINTIFF TO FILE
SUPPLEMENTAL BRIEF SUPPORTING MOTION
FOR DEFAULT JUDGMENT
THIRTY-DAY DEADLINE

Plaintiff Maximilian Monclova-Chavez is a federal prisoner proceeding with counsel in this

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civil rights action filed pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of

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Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971) against Defendants Miller, White, McEachern and

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Tincher. Following dismissal of Defendants Miller, White and Tincher, Defendant McEachern is the

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only remaining defendant in this action. (ECF Nos. 168, 172.) The Clerk of the Court entered default

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against Defendant McEachern on December 8, 2010. (ECF No. 72.)

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On October 21, 2013, Plaintiff filed a motion for default judgment against Defendant

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McEachern. (ECF No. 178.) The undersigned issued Findings and Recommendations that the motion

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for default judgment be denied without prejudice based on Plaintiff’s failure to describe, with

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particularity, the amount of damages requested. (ECF No. 179.) Plaintiff did not file any objections.

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Thereafter, on January 3, 2014, the District Judge adopted the Findings and Recommendations in full

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and denied Plaintiff’s motion for default judgment without prejudice. (ECF No. 180.)
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On April 18, 2014, Plaintiff filed a renewed motion for entry of default judgment against

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Defendant McEachern. (ECF No. 182.) Defendant McEachern did not oppose the motion. The Court

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vacated the hearing scheduled for June 13, 2014, and took the motion under submission on June 9,

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2014. (ECF No. 183.)
Upon review, the Court finds the renewed motion for default judgment deficient. In the

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Findings and Recommendations regarding denial of the previous motion for default judgment, the

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Court expressly instructed as follows: “If Plaintiff chooses to renew his motion for default judgment,

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he should describe, with particularity, the amount of damages requested, the manner in which the

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damages amount was calculated, the legal and factual grounds for the damages, and he should include

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supporting documentation.” (ECF No. 179, p. 5.) Despite the Court’s express instruction, Plaintiff

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did not comply fully with the Court’s order. In particular, Plaintiff failed to identify the amount of

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damages requested, the manner in which the damages amount was calculated and the legal grounds for

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the requested damages.1
The Court will permit Plaintiff and his counsel a final opportunity to submit the necessary

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information. Accordingly, IT IS HEREBY ORDERED as follows:

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1. Within thirty (30) days of the date of this order, Plaintiff shall submit supplemental briefing

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in support of the motion for default judgment filed on April 18, 2014. The supplemental

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briefing must describe, with particularity, the amount of damages requested, the manner in

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which the damages amount was calculated and the legal grounds for the requested

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damages, which may include citation to awards in comparable cases; and
2. If Plaintiff fails to comply with this order, the Court may recommend dismissal of this

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action based on failure to comply with a court order.

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IT IS SO ORDERED.

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Dated:

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/s/ Barbara

July 1, 2014

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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Plaintiff’s original complaint seeks various amounts in compensatory and punitive damages for each asserted claim.
(ECF No. 1, p. 8.)

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