BMO Harris Bank N.A. v. Singh

Filing 13

ORDER REQUIRING PLAINTIFF TO EITHER SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE OR FILE A MOTION FOR ENTRY OF DEFAULT WITHIN THIRTY DAYS. Signed by Magistrate Judge Stanley A. Boone on 8/10/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BMO HARRIS BANK N.A.,

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Plaintiff,
v.
CHARAN SINGH,

Case No. 1:16-cv-0000482-DAD-SAB
ORDER REQUIRING PLAINTIFF TO EITHER
SHOW CAUSE WHY THIS ACTION SHOULD
NOT BE DISMISSED FOR FAILURE TO
PROSECUTE OR FILE A MOTION FOR ENTRY
OF DEFAULT WITHIN THIRTY DAYS

Defendant.

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Plaintiff BMO Harris Bank N.A. filed this action on April 6, 2016. (ECF No. 1.) Plaintiff

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served the complaint on April 21, 2016. (ECF No. 5.) When Defendant failed to file an answer,

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Plaintiff requested entry of default and default was entered on June 3, 2016. (ECF Nos. 8, 9.)

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Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two

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step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850, 2008 WL 361142, *2

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(N.D.Cal. Feb, 11, 2008). Entry of default is appropriate as to any party against whom a

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judgment for affirmative relief is sought that has failed to plead or otherwise defend as provided

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by the Federal Rules of Civil Procedure and where that fact is made to appear by affidavit or

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otherwise. Fed. R. Civ. P. 55(a). After entry of default, the plaintiff can seek entry of default

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judgment. Fed. R. Civ. P. 55(b)(1) and (2). “Default judgments are generally disfavored, and

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whenever it is reasonably possible, cases should be decided upon their merits.” In re Hammer,

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940 F.2d 524, (9th Cir. 1991) (internal punctuation and citations omitted).
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Local Rule 110 provides that “[f]ailure of counsel or of a party to comply with these Rules

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or with any order of the Court may be grounds for imposition by the Court of any and all

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sanctions . . . within the inherent power of the Court.” The Court has the inherent power to

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control its docket and may, in the exercise of that power, impose sanctions where appropriate,

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including dismissal of the action. Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.

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2000).

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Within thirty days from the date of service of this order, Plaintiff shall either show cause

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why this action should not be dismissed for Plaintiff’s failure to prosecute or a file a motion for

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entry of default.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty days from the date of service of this order, Plaintiff shall file a

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written response to the Court, showing cause why this action should not be

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dismissed for Plaintiff’s failure to prosecute or a motion for entry of default; and

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2.

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Plaintiff's failure to comply with this order shall result in a recommendation that
this action be dismissed.

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IT IS SO ORDERED.
Dated:

August 10, 2016
UNITED STATES MAGISTRATE JUDGE

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