Hartford Fire Insurance Company v. NBC General Contractors Corporation et al

Filing 151

Order by Magistrate Judge Jacqueline Scott Corley dismissing 139 Motion for Default Judgment as moot.(jsclc2, COURT STAFF) (Filed on 7/28/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

HARTFORD FIRE INSURANCE
COMPANY,
Plaintiff,

8
9
10
11

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.
12
13

Plaintiff’s Motion for Default Judgment as to Defendant NBC General Contractors

14

Corporation (“NBC”) (Dkt. No. 139) was referred to the undersigned for a Report and

15

Recommendation. (Dkt. No. 143.) However, upon review of the docket, it appeared that the case

16

had been administratively closed as to Defendant NBC on March 5, 2013, because of pending

17

bankruptcy proceedings and the automatic stay provision of 11 U.S.C. § 362(a). (Dkt. No. 107.)

18

Further, the case did not appear to have been reopened at the time the Clerk entered default as to

19

Defendant NBC on April 11, 2014. (Dkt. No. 135.) Thus, on June 16, 2014, the Court issued an

20

Order directing Plaintiff to explain how the Court had jurisdiction to enter default judgment as to

21

Defendant NBC under these circumstances. (Dkt No. 147.) Plaintiff thereafter moved to reopen

22

the case as to Defendant NBC and District Judge Armstrong reopened the case on July 16, 2014.

23

(Dkt. Nos. 148 & 150.)

24

Given that the case as to Defendant NBC was closed at the time the Clerk entered default

25

as to Defendant NBC, Plaintiff must start over and again move for entry of default and default

26

judgment pursuant to Federal Rule of Civil Procedure 55. Plaintiff’s previously filed motion for

27

default judgment is dismissed as moot in light of this Order.

28

This Order disposes of Docket. No. 139.

1
2
3
4

IT IS SO ORDERED.
Dated: July 28, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

5
6
7
8
9
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