Laborers' International Union, Local 324 v. Sierra Equipment Rental, Inc.

Filing 26

ORDER TO SHOW CAUSE Show Cause Response due by 1/25/2013. Signed by Judge Jacqueline Scott Corley on January 22, 2013. (jsclc1S, COURT STAFF) (Filed on 1/22/2013)

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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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LABORERS’ INTERNATIONAL
UNION, LOCAL 324, AS THE
SUCCESSOR TO LABORERS’
INTERNATIONAL UNION 291,

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Case No.: C-12-03346 JSC
ORDER TO SHOW CAUSE

Plaintiff,
v.

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SIERRA EQUIPMENT RENTALS,
INC.,
Defendant.

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On November 19, 2012, Plaintiff filed a Motion to Confirm Arbitration Award (“Motion”),

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seeking to enforce an arbitration award and requesting attorney’s fees. (Dkt. No. 19.) A hearing on

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Plaintiff’s Motion is currently scheduled for January 31, 2013. (Dkt. No. 24.) Defendant was served

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on November 26, 2012 and has yet to appear in this action. (See Dkt. No. 23.) Although Defendant

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has failed to plead or otherwise defend this action, Plaintiff has not sought entry of default judgment

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by the Clerk pursuant to Federal Rule of Civil Procedure 55. Rather, Plaintiff simply asks the Court

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to grant its Motion. This appears contrary to other cases where the Clerk entered default prior to the

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Court’s consideration of a motion to confirm an arbitration award. See Wells Fargo Advisors, LLC

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v. Braver, 2012 WL 2990779 (N.D. Cal. July 9, 2012) (Corley, J.); Cal. Drywall/Lathing Indus.

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Labor-Mgmt. Cooperation, Inc. v. MLR Drywall Servs. Inc., 2010 WL 519827 (N.D. Cal. Feb. 4,

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2010).

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In light of this concern, the Court hereby orders Plaintiff, by January 25, 2013, to show

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cause in writing as to why the Court should consider Plaintiff’s Motion where Defendant has not

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appeared and the Clerk has not entered Defendant’s default.

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IT IS SO ORDERED.

Northern District of California

United States District Court

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Dated: January 22, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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