Johnson v. Sunhill Enterprises, LP

Filing 38

ORDER RE: DEFAULT. Signed by Magistrate Judge Jacqueline Scott Corley on 10/11/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 10/11/2013)

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1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE NORTHERN DISTRICT OF CALIFORNIA 9 10 Northern District of California United States District Court 11 12 DAVID JOHNSON, 13 14 Plaintiff, Case No.: C-12-01458 JSC ORDER RE: DEFAULT v. 15 16 SUNHILL ENTERPRISES, L.P., 17 Defendant. 18 19 SUNHILL ENTERPRISES, L.P., Third-Party Plaintiff, 20 21 v. 22 23 24 JOANNA CHAU, Third-Party Defendant. 25 26 The Court is in receipt of Defendant/Third-Party Plaintiff’s Sunhill Enterprises, L.P.’s 27 (“Sunhill”) Case Management Conference Statement, in which Sunhill requests a prove up hearing to 28 determine damages owing to it from Third-Party Defendant Joanna Chau (“Chau”). (Dkt. No. 37.) 1 While the Clerk has entered Chau’s default, (see Dkt. No. 35), that is merely the first step in obtaining 2 judgment. Once default is entered, a party must move for entry of judgment by the clerk or the court. 3 Fed. R. Civ. P. 55(b). And Federal Rule of Civil Procedure 55(b)(2) requires that for claims for an 4 indeterminate amount of damages, “the party must apply to the court for a default judgment.” Sunhill, 5 however, has not filed a motion for default judgment with this Court. Thus, its request for a prove up 6 hearing is premature and therefore denied. 7 The Case Management Conference scheduled for Thursday, October 17, 2013 is VACATED. 8 If Sunhill wishes to proceed against Ms. Chau, it shall file a motion for a default judgment pursuant to 9 Federal Rule of Civil Procedure 55(b)(2) within 30 days of the date of this Order. The motion must 10 be accompanied by a proof of service on Ms. Chau. Northern District of California United States District Court 11 12 IT IS SO ORDERED. 13 14 Dated: October 11, 2013 _________________________________ JACQUELINE SCOTT CORLEY UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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