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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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DAVID JOHNSON,

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Plaintiff,

Case No.: C-12-01458 JSC
ORDER RE: DEFAULT

v.

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SUNHILL ENTERPRISES, L.P.,

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Defendant.

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SUNHILL ENTERPRISES, L.P.,
Third-Party Plaintiff,

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v.

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JOANNA CHAU,
Third-Party Defendant.

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The Court is in receipt of Defendant/Third-Party Plaintiff’s Sunhill Enterprises, L.P.’s

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(“Sunhill”) Case Management Conference Statement, in which Sunhill requests a prove up hearing to

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determine damages owing to it from Third-Party Defendant Joanna Chau (“Chau”). (Dkt. No. 37.)

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While the Clerk has entered Chau’s default, (see Dkt. No. 35), that is merely the first step in obtaining

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judgment. Once default is entered, a party must move for entry of judgment by the clerk or the court.

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Fed. R. Civ. P. 55(b). And Federal Rule of Civil Procedure 55(b)(2) requires that for claims for an

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indeterminate amount of damages, “the party must apply to the court for a default judgment.” Sunhill,

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however, has not filed a motion for default judgment with this Court. Thus, its request for a prove up

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hearing is premature and therefore denied.

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The Case Management Conference scheduled for Thursday, October 17, 2013 is VACATED.

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If Sunhill wishes to proceed against Ms. Chau, it shall file a motion for a default judgment pursuant to

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Federal Rule of Civil Procedure 55(b)(2) within 30 days of the date of this Order. The motion must

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be accompanied by a proof of service on Ms. Chau.

Northern District of California

United States District Court

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IT IS SO ORDERED.

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Dated: October 11, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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