Johnson v. Winterstar, LLC et al

Filing 27

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Allison Claire on 8/11/20 ORDERING Defendants to Show Cause, in writing within 14 days, why default judgment should not be entered against them as a discovery sanction. Plaintiff is ordered to provide supplemental briefing on the issue of default judgment, including proposed terms of judgment, within 14 days. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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No. 2:17-cv-02476 JAM AC

Plaintiff,
v.

ORDER AND ORDER TO SHOW CAUSE
RE: DEFAULT JUDGMENT

WINTERSTAR, LLC, et al.,
Defendants.

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Plaintiff filed a complaint November 27, 2017. ECF No. 1. After a failed attempt at

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settlement through the court’s Voluntary Dispute Resolution Program, the parties submitted a

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joint scheduling report, and a scheduling order was issued on September 16, 2019. ECF No. 15,

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16. On March 20, 2020, plaintiff filed a motion to compel initial disclosures. ECF No. 19.

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Defendants filed a statement of non-opposition, requesting 20 days to make the initial disclosures.

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ECF No. 21. The motion was granted, and defendants were instructed to provide initial

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disclosures by May 11, 2020. ECF No. 22. On June 16, 2020, plaintiff made a motion for

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sanctions, asking in part for default judgment to be entered against defendants, but without

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providing the briefing necessary for this court to enter default judgment as a discovery sanction.

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ECF No. 23. Defendants did not respond. On July 1, 2020, plaintiff filed a motion to compel.

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ECF No. 26. Defendants did not respond.

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It appears probable to the court, from a review of the record, that defendants have

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abandoned this case. Thus, the court is inclined to enter default judgment against the defendants
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as a discovery sanction. However, the court cannot enter default judgment without adequate

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briefing from the plaintiff. Additionally, before entering such a drastic sanction, the court will

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give defendants a final opportunity to appear and oppose entry of default judgment as a discovery

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sanction.

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Accordingly, IT IS HEREBY ORDERED that:
1. Defendants are Ordered to Show Cause, in writing within 14 days, why default judgment
should not be entered against them as a discovery sanction.
2. Plaintiff is ordered to provide supplemental briefing on the issue of default judgment,
including proposed terms of judgment, within 14 days.
DATED: August 11, 2020

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