Board of Trustees of the Kern County Electrical Pension Fund et al v. Burgoni, et al

Filing 74

ORDER DISREGARDING Letter re Request for Withdrawal of Default re 73 , signed by Magistrate Judge Jennifer L. Thurston on 8/21/2012. (Hall, S)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF THE KERN
COUNTY ELECTRICAL PENSION FUND,
et al.,

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Case No. 1:08-cv-00498 LJO JLT
ORDER DISREGARDING LETTER
REQUEST FOR WITHDRAWAL
DEFAULT

Plaintiff,

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vs.

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CHRISTOPHER BURGONI, et. al,

RE
OF

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(Doc. 73).

Defendants.

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The Board of Trustees of the Kern County Electrical Pension Fund, Board of Trustees of

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the Kern County Electrical Workers Health & Welfare Trust and Board of Trustees of the Kern

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Court Electrical Journeyman and Apprentice Training Trust (“Plaintiffs”) sought entry of default

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judgment against defendants Christopher Burgoni (“Burgoni”) and Tadoc Enterprises (“Tadoc”)

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on April 27, 2012. (Doc. 64). The matter was scheduled to be heard on June 1, 2012. (Doc. 64).

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On May 30, 2012, the Court found the matter suitable for decision without oral argument

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pursuant to Local Rule 230(g) and therefore vacated the June 1, 2012 hearing. (Doc. 68). Prior
to that date, the Court had received no objections to Plaintiffs’ motion from Defendants.

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On June 14, 2012, Magistrate Judge Thurston recommended that Plaintiffs’ motion for

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entry of default judgment be granted. (Doc. 69). Defendants filed no objections to the Court’s
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Findings and Recommendations and the Order Adopting the Findings and Recommendations was

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subsequently issued on July 3, 2012. (Doc. 70). Judgment in favor of Plaintiffs was issued on

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July 3, 2012 as well.

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On August 13, 2012, Christopher Burgoni sent a letter to this Court requesting that the
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judgment be set aside and a new hearing be scheduled. (Doc. 73). Though Defendant Burgoni

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asserts in the letter that he was not aware that the Court took the matter under submission without

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a hearing, he offers no explanation for his failure to file written opposition to the motion for

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default judgment and fails to provide any explanation why default judgment should not have been

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granted. Federal Rules of Civil Procedure explains that a request for a court order must be made

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by motion. (F.R.C.P. 7). Thus, because the letter fails to provide even basic information which

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would justify the Court treating it as a motion to set aside the judgment, the Court will disregard
it.
Finally, Defendant Burgoini is advised, once again, that he cannot represent the entities;
they may appear only through counsel.
Accordingly, IT IS HEREBY ORDERED that the letter from Christopher Burgoini, dated
July 31, 2012 and filed August 18, 2012, is DISREGARDED.

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IT IS SO ORDERED.
Dated:

August 21, 2012

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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