Medrano v. Grant Mercantile Agency, Inc.

Filing 11

ORDER Requiring Further Briefing re: Motion for Default Judgment, signed by Magistrate Judge Jennifer L. Thurston on 4/10/2018. (Hall, S)

1
2
3
4
5
6
7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SARAI MEDRANO,

12

Plaintiff,

13
14

v.
GREAT MERCANTILE AGENCY, INC.,

15

Defendant.

16

)
)
)
)
)
)
)
)
)
)

Case No.: 1:17-cv-01392 LJO JLT
ORDER REQUIRING FURTHER BRIEFING RE:
MOTION FOR DEFAULT JUDGMENT
(Doc. 8)

The plaintiff seeks default judgment against the defendant. (Doc. 8) However, the motion fails

17
18

to demonstrate the elements the Court must consider when evaluating whether it should grant default

19

judgment. Indeed, in considering the motion, the Court cannot find that the plaintiff has stated a claim.

20

Thus, the Court ORDERS:
1.

21
22

No later than May 4, 2018, the plaintiff SHALL file a supplemental brief that

addresses the following:
a.

23

Specific, on point legal authority that a debt collector’s report to a debtor that it

24

reserves the right to refuse partial payments constitutes a threat to take action that cannot be taken

25

legally;

26

b.

That, on the facts alleged here, the debt collector is a “creditor” for purposes of

27

the Truth in Lending Act. In doing so, the plaintiff also SHALL explain how the exhibits attached to

28

the complaint demonstrate that the defendant imposed a finance charge.
1

1

2.

2

dismissal.

3
4

Alternatively, no later than May 4, 2018, the plaintiff may file a request for voluntary

The failure to comply with this order will result in a recommendation that the Court deny
default judgment and dismiss the action.

5
6
7

8

IT IS SO ORDERED.
Dated:

April 10, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22

23
24
25
26
27
28
2