M&T Capital and Leasing Corp. v. Freon Logistics

Filing 25

ORDER signed by Magistrate Judge Chi Soo Kim on 06/04/2024 VACATING the 06/18/2024 23 Motion for Default Judgment hearing. Any Opposition or statement of non-opposition by Defendant shall be filed no later than 06/24/2024, and the reply brief from Plaintiff, if any, is due by 07/01/2024.Plaintiff shall promptly serve a copy of this Order on Defendant's last-known address, and file a proof of service with the Court. (Lopez, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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M&T CAPITAL AND LEASING
CORPORATION,
Plaintiff,

No. 2:23-cv-01171-WBS-CSK
ORDER

v.
FREON LOGISTICS,
Defendant.

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Presently pending before the Court is Plaintiff M&T Capital and Leasing

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Corporation’s revised motion for default judgment against Defendant Freon Logisitics

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which was filed on May 7, 2024 and which is set for hearing on June 18, 2024. (ECF

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Nos. 23, 24.) Under Local Rule 230(c), Defendant was required to file an opposition or

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statement of non-opposition to the motion no later than fourteen (14) days after the filing

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date of the motion, on or by May 21, 2024. Although that deadline has passed, no

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opposition or statement of non-opposition was filed.

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Out of an abundance of caution, and in light of the Court’s desire to resolve the

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action on the merits, the Court will provide Defendant one additional, final opportunity to

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oppose the motion.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The June 18, 2024 hearing on Plaintiff’s motion for default judgment is
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VACATED;
2. Any opposition or statement of non-opposition by Defendant shall be filed no

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later than June 24, 2024, and the reply brief from Plaintiff, if any, is due by July

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1, 2024;

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3. Defendant is cautioned that failure to respond to the motion in compliance with

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this order will be deemed as consent to a summary grant of the motion, and

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may result in the imposition of a default judgment against them;

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4. Plaintiff shall promptly serve a copy of this order on Defendant’s last-known

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address, and file a proof of service with the Court; and
5. After the time period for briefing is complete, the Court will take this matter

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under submission on the papers without oral argument, pursuant to Local Rule

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230(g). The Court will reschedule a hearing at a future date, if necessary.

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Dated: June 4, 2024

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4, m&t1171.23

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