Sandra Garybo et al v. Leonardo Bros et al

Filing 58

ORDER DROPPING 56 the Application for Default Judgment and REQUIRING the Plaintiffs to File a Motion for Class Certification, an Amended Application for Default Judgment or a Voluntary Dismissal, signed by Magistrate Judge Jennifer L. Thurston on 8/9/2018. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SANDRA GARYBO, et al.,
Plaintiffs,

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v.
LEONARDO BROS., et al.,
Defendants.

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Case No.: 1:15-cv-01487 - DAD- JLT
ORDER DROPPING THE APPLICATION FOR
DEFAULT JUDGMENT AND REQUIRING THE
PLAINTIFFS TO FILE A MOTION FOR CLASS
CERTIFICATION, AN AMENDED
APPLICATION FOR DEFAULT JUDGMENT OR
A VOLUNTARY DISMISSAL

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On July 13, 2018, the Court ordered the plaintiff to show cause why sanctions should not be

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imposed for his failure to prosecute this action. (Doc. 55) At that time, the Court observed that the

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only remaining defendant in this action was Leonardo Bros. Id. The Court noted also that Clerk of the

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Court had entered default against this defendant (Doc. 22) on March 24, 2016 after requested by the

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plaintiff. Consequently, the Court ordered the plaintiff to take some action to move this case forward,

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either to seek default judgment or to dismiss the case in full. Id.

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The plaintiffs have voluntarily dismissed the action as to the other defendants. Notably, these

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dismissals were silent as to whether the dismissal was without prejudice to the putative class. As a

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result, the class claims are preserved. No class has been certified and the plaintiff has not sought

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approval of a class settlement.

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Nevertheless, in his application for default judgment, the plaintiff seeks class-wide damages
and, seemingly, seeks class certification concurrently. The Court finds the application for default
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judgment to be an inappropriate and unwieldy method for seeking class certification. Thus, the Court

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ORDERS:

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The application for default judgment is DROPPED from calendar;

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Within 21 days the plaintiff SHALL: 1.) file a motion for class certification and, once

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that is decided, file an application for default judgment; 2.) file an amended application for default

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judgment limited to his individual damages; or 3.) file a voluntary dismissal of the entire action.

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IT IS SO ORDERED.
Dated:

August 9, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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