Hartford Fire Insurance Company v. NBC General Contractors Corporation et al
Filing
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Order by Magistrate Judge Jacqueline Scott Corley dismissing 139 Motion for Default Judgment as moot.(jsclc2, COURT STAFF) (Filed on 7/28/2014)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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HARTFORD FIRE INSURANCE
COMPANY,
Plaintiff,
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Case No. 09-cv-05363-SBA (JSC)
RE: MOTION FOR DEFAULT
JUDGMENT
v.
NBC GENERAL CONTRACTORS
CORPORATION,
Re: Dkt. No. 139
United States District Court
Northern District of California
Defendant.
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Plaintiff’s Motion for Default Judgment as to Defendant NBC General Contractors
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Corporation (“NBC”) (Dkt. No. 139) was referred to the undersigned for a Report and
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Recommendation. (Dkt. No. 143.) However, upon review of the docket, it appeared that the case
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had been administratively closed as to Defendant NBC on March 5, 2013, because of pending
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bankruptcy proceedings and the automatic stay provision of 11 U.S.C. § 362(a). (Dkt. No. 107.)
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Further, the case did not appear to have been reopened at the time the Clerk entered default as to
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Defendant NBC on April 11, 2014. (Dkt. No. 135.) Thus, on June 16, 2014, the Court issued an
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Order directing Plaintiff to explain how the Court had jurisdiction to enter default judgment as to
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Defendant NBC under these circumstances. (Dkt No. 147.) Plaintiff thereafter moved to reopen
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the case as to Defendant NBC and District Judge Armstrong reopened the case on July 16, 2014.
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(Dkt. Nos. 148 & 150.)
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Given that the case as to Defendant NBC was closed at the time the Clerk entered default
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as to Defendant NBC, Plaintiff must start over and again move for entry of default and default
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judgment pursuant to Federal Rule of Civil Procedure 55. Plaintiff’s previously filed motion for
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default judgment is dismissed as moot in light of this Order.
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This Order disposes of Docket. No. 139.
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IT IS SO ORDERED.
Dated: July 28, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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United States District Court
Northern District of California
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