Johnson v. Patel et al

Filing 45

ORDER DENYING WITHOUT PREJUDICE APPLICATION FOR DEFAULT JUDGMENT. Signed by Judge Maxine M. Chesney on May 22, 2019. (mmclc2, COURT STAFF) (Filed on 5/22/2019)

1
2
3
4

IN THE UNITED STATES DISTRICT COURT

5

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6
7

SCOTT JOHNSON,
Plaintiff,

8
v.

9
10

VARSHA I. PATEL, et al.,

11

United States District Court
Northern District of California

Case No. 18-cv-00211-MMC

Defendants.

ORDER DENYING WITHOUT
PREJUDICE APPLICATION FOR
DEFAULT JUDGMENT
Re: Dkt. No. 24

12
13

On June 23, 2018, plaintiff Scott Johnson filed an Application for Default

14

Judgment, by which application plaintiff seeks entry of default judgment against

15

defendants Varsha I. Patel and City Center Inn & Suites LLC and, in conjunction

16

therewith, seeks, inter alia, injunctive relief. Subsequently, on March 28, 2019,

17

Magistrate Judge Donna M. Ryu filed a Report and Recommendation, by which said

18

Magistrate Judge recommends the Court grant the above-referenced application.1
Thereafter, on May 1, 2019, the Court issued an order directing plaintiff to show

19
20

cause, in writing and no later than May 17, 2019, why the remaining defendants,

21

Ichharambhai Madhav Patel (“I. Patel”) and Shantaben I. Patel (“S. Patel”), should not be

22

dismissed for failure to serve. In response thereto, plaintiff’s counsel of record filed, on

23

May 17, 2019, a declaration in which said counsel states service as to said two

24

defendants was effectuated on May 14, 2019, and submits therewith supporting proofs of

25

service. (See Seabock Decl., filed May 17, 2019, ¶ 7; see also Proofs of Service, filed

26

May 17, 2019.)2

27
1

28

2

On March 29, 2019, the instant action was reassigned to the undersigned.
By order filed concurrently herewith, the order to show cause has been discharged.

1

In light of the recent service on I. Patel and S. Patel, and the potential risk of

2

“inconsistent results” presented if the above-referenced application were granted at this

3

stage of the proceedings, said application is hereby DENIED without prejudice to refiling,

4

if appropriate, at a later time. See J&J Sports Prods., Inc. v. Pagliaro, 2013 WL 4402808

5

at *2 (E.D. Cal. Aug. 15, 2013).

6
7

IT IS SO ORDERED.

8
9

Dated: May 22, 2019
MAXINE M. CHESNEY
United States District Judge

10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2