Williams v. Praetorian Insurance Company

Filing 18

ORDER ADOPTING 15 REPORT AND RECOMMENDATION; DENYING 14 ENTRY OF DEFAULT JUDGMENT; SETTING CASE MANAGEMENT CONFERENCE by Judge William H. Orrick. Case Management Statement due by 2/16/2021. Initial Case Management Conference set for 2/23/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. (jmdS, COURT STAFF) (Filed on 11/17/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 3:20-cv-04766-WHO Document 18 Filed 11/17/20 Page 1 of 2

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEVIN B. WILLIAMS,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 3:20-cv-04766-WHO

v.
PRAETORIAN INSURANCE COMPANY,
Defendant.

ORDER ADOPTING REPORT AND
RECOMMENDATION; DENYING
ENTRY OF DEFAULT JUDGMENT;
SETTING CASE MANAGEMENT
CONFERENCE
Re: Dkt. Nos. 14, 15

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On October 25, 2020, pro se plaintiff Kevin Williams moved for entry of default judgment.
Dkt. No. 14. On October 28, Magistrate Judge Thomas S. Hixson entered a report and
recommendation and the case was reassigned to me. Dkt. Nos. 15, 17. No party has entered
objections to that report and recommendation by the deadline of November 12, 2020. I have
reviewed the motion and docket and I adopt Judge Hixson’s report and recommendation in every
respect. The motion to enter default judgment is DENIED without prejudice.
As Judge Hixson explained, several steps must occur before a default judgment is entered.
The defendant must be properly served, the defendant must fail to make an appearance within the
relevant timeframe, and the Clerk must enter the default. The Court has contacted the U.S.
Marshal Service about this case and service to the defendant is currently in progress. The
defendant’s address is in the Southern District of New York, which had previously suspended
service by the U.S. Marshals due to the pandemic but has now resumed it. See Standing Order
M10-468 (S.D.N.Y. October 7, 2020).
I will set an initial case management conference in this matter for February 23, 2021 at
2:00 pm, to be held via videoconference according to the instructions on the Court’s website. The

Case 3:20-cv-04766-WHO Document 18 Filed 11/17/20 Page 2 of 2

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Joint Case Management Statement shall be filed by February 16, 2021.
IT IS SO ORDERED.
Dated: November 17, 2020

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William H. Orrick
United States District Judge

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United States District Court
Northern District of California

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