Penn-Star In. Co., Inc. v. Gorsi Brothers Farm Labor Service et al

Filing 39

ORDER signed by Magistrate Judge Chi Soo Kim on 05/10/24 VACATING the 06/04/24 hearing on the 35 Motion for Default Judgment, ORDERING that any opposition or statement of non-opposition by Defendants is due 06/18/24 with any reply brief from Plaintiff due 06/24/24 and then the Court will take this matter under submission on the papers. Plaintiff shall promptly serve a copy of this order on each Defendant at their last-known address, and file a proof of service with the Court. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PENN-STAR INSURANCE
COMPANY,
Plaintiff,

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No. 2:23–cv–01663 DAD CSK
ORDER

v.
GORSI BROTHERS FARM LABOR
SERVICE, et al.,

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Defendants.

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Presently pending before the Court is Plaintiff Penn-Star Insurance Company’s

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motion for default judgment against Defendants Gorsi Brothers Farm Labor Service,

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Omer Daraz Gorsi, Hernan Pavonordaz, Erika Varga, individually and as heir to

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Stephanie Marie Gonzalez, Arsenio Nicolas Gonzalez, as heir to Stephanie Marie

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Gonzalez, Jorge Andres Yanez-Perez, Amrit Kaur Kooner, and Narinder Kaur. The

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motion was filed on April 22, 2024 and was set for hearing on June 4, 2024. (ECF Nos.

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35, 38.) Under Local Rule 230(c), Defendants were 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 6, 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 Defendants 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 4, 2024 hearing on Plaintiff’s motion for default judgment is

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VACATED;

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2. Any opposition or statement of non-opposition by Defendants shall be filed no

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later than June 18, 2024, and the reply brief from Plaintiff, if any, is due by

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June 25, 2024;

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3. Defendants are cautioned that failure to respond to the motion in compliance

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

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

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4. Plaintiff shall promptly serve a copy of this order on each Defendant at their

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last-known 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 schedule a hearing at a future date, if necessary.

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Dated: May 10, 2024

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4, penn1663.23

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