Joe Hand Promotions, Inc. v. Washington
ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/18/14 DENYING 35 Third Request for Entry of Default. (Meuleman, A)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
JOE HAND PROMOTIONS, INC.,
No. 2:11-cv-1213 KJM CKD
In this action, plaintiff has moved for default judgment twice. Each time the motion was
denied because plaintiff had not established that defendant was properly served with summons.
Plaintiff has now made a third request for entry of default against defendant. In connection with
the request, plaintiff has submitted the same evidence submitted in connection with the prior
motion for default judgment, comprising a 25 page comprehensive report of a background check
of a person named Cedric Marvell Washington, Sr. and the declaration of Stefanie Martinez in
which she explains defendant was served at a residential address rather than a business address
because at the time of service the subject establishment’s liquor license had been revoked. ECF
Nos. 32-4, 35-2. A careful review of the submitted materials demonstrates no connection
between the named defendant, Cedric Marvell Washington, who was doing business as “Ced’s
Sports Bar & Grill,” located at 6590 Stockton Blvd., Sacramento, CA 95823 (see ECF No. 1 and
the Cedric Marvell Washington, Sr. whose background information has been provided to the
court. None of the properties listed in the report are located at the Stockton Boulevard address.
See ECF No. 32-3 at p.4 (liquor license for Ced’s located at 6590 Stockton Blvd.) The possible
employers identified in the report do not include Ced’s and none of the employers have an
address in Sacramento. The corporate affiliations listed in the report include Big Sexy
Entertainment, Inc., Genesis Real Estate Company, and Residential & Commercial Investment
Funding, Inc., but do not include Ced’s. There are no property assessments listed for the
Stockton Boulevard address. The declaration of Stefanie Martinez sheds little illumination on
why the submitted background report is supposed to establish that the correct person has been
served with summons. If anything, it appears that the person known as Cedric Marvell
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
(ECF No. 35) is denied.
Dated: July 18, 2014
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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