Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund, et al. v. Industrial Electrical Services Inc., et al.

Filing 10

ORDER REQUIRING PLAINTIFFS TO EITHER FILE A MOTION FOR ENTRY OF DEFAULT JUDGMENT OR SHOW CAUSE WHY THIS ACTION SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE. IT IS HEREBY ORDERED that: Within thirty (30) days from the date of service of this orde r, Plaintiff shall either file a motion for entry of default judgment or file a written response showing cause why this action should not be dismissed for Plaintiffs failure to prosecute; and Failure to comply with this order shall result in a recommendation that this action be dismissed for failure to prosecute. Signed by Magistrate Judge Stanley A. Boone on 3/16/2018. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BOARD OF TRUSTEES OF IBEW
LOCAL UNION NO. 100 PENSION
TRUST FUND, et al.,

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Plaintiffs,
v.
INDUSTRIAL ELECTRICAL
SERVICES,

Case No. 1:17-cv-01496-DAD-SAB
ORDER REQUIRING PLAINTIFFS TO EITHER
FILE A MOTION FOR ENTRY OF DEFAULT
JUDGMENT OR SHOW CAUSE WHY THIS
ACTION SHOULD NOT BE DISMISSED FOR
FAILURE TO PROSECUTE
THIRTY DAY DEADLINE

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Defendant.
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Plaintiffs Board of Trustees of IBEW Local Union No. 100 Pension Trust Fund, Joint

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Electrical Industry Training Trust Fund, National Electric Benefit Funds and Family Medical

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Care Plan filed this action on November 6, 2017, against Industrial Electrical Services, Inc. (ECF

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No. 1.) On December 8, 2017, Plaintiff filed a return of service indicating that Industrial

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Electical Services had been served on December 4, 2017. (ECF No. 5.) On January 5, 2018,

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Plaintiffs filed a request for entry of default and default was entered against Defendant Industrial

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Electrical Services on January 8, 2018. As of this date, no motion for entry of default judgment

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has been filed.

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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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Having been no activity in in this action since the entry of default, the Court shall order

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Plaintiffs to either file a motion for entry of default judgment or show cause why this action

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should not be dismissed for Plaintiffs’ failure to prosecute.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Within thirty (30) days from the date of service of this order, Plaintiff shall either

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file a motion for entry of default judgment or file a written response showing cause

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why this action should not be dismissed for Plaintiffs’ failure to prosecute; and

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2.

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Failure to comply with this order shall result in a recommendation that this action
be dismissed for failure to prosecute.

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IT IS SO ORDERED.
Dated:

March 16, 2018
UNITED STATES MAGISTRATE JUDGE

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