Joe Hand Promotions, Inc. v. Washington

Filing 36

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/14 DENYING 35 Third Request for Entry of Default. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOE HAND PROMOTIONS, INC.,

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No. 2:11-cv-1213 KJM CKD

Plaintiff,
v.

ORDER

CEDRIC WASHINGTON,
Defendant.

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In this action, plaintiff has moved for default judgment twice. Each time the motion was

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denied because plaintiff had not established that defendant was properly served with summons.

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Plaintiff has now made a third request for entry of default against defendant. In connection with

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the request, plaintiff has submitted the same evidence submitted in connection with the prior

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motion for default judgment, comprising a 25 page comprehensive report of a background check

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of a person named Cedric Marvell Washington, Sr. and the declaration of Stefanie Martinez in

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which she explains defendant was served at a residential address rather than a business address

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because at the time of service the subject establishment’s liquor license had been revoked. ECF

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Nos. 32-4, 35-2. A careful review of the submitted materials demonstrates no connection

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between the named defendant, Cedric Marvell Washington, who was doing business as “Ced’s

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Sports Bar & Grill,” located at 6590 Stockton Blvd., Sacramento, CA 95823 (see ECF No. 1 and

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the Cedric Marvell Washington, Sr. whose background information has been provided to the
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court. None of the properties listed in the report are located at the Stockton Boulevard address.

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See ECF No. 32-3 at p.4 (liquor license for Ced’s located at 6590 Stockton Blvd.) The possible

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employers identified in the report do not include Ced’s and none of the employers have an

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address in Sacramento. The corporate affiliations listed in the report include Big Sexy

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Entertainment, Inc., Genesis Real Estate Company, and Residential & Commercial Investment

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Funding, Inc., but do not include Ced’s. There are no property assessments listed for the

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Stockton Boulevard address. The declaration of Stefanie Martinez sheds little illumination on

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why the submitted background report is supposed to establish that the correct person has been

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served with summons. If anything, it appears that the person known as Cedric Marvell

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Washington, Sr., who was served with summons in this action, has nothing to do with Ced’s.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s request for entry of default

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(ECF No. 35) is denied.

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Dated: July 18, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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