Board of Trustees of the Laborers Health and Welfare Trust Fund for Northern California et al v. Vector General Engineering Contractors, Inc. et al

Filing 52

Order by Magistrate Judge Donna M. Ryu denying 43 Motion for Default Judgment.(dmrlc2, COURT STAFF) (Filed on 12/4/2013)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 12 BOARD OF TRUSTEES OF THE LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, 13 14 15 Plaintiff(s), No. C-12-02633 DMR ORDER DENYING PLAINTIFFS’ MOTION FOR DEFAULT JUDGMENT [DOCKET NO. 43] WITHOUT PREJUDICE v. VECTOR GENERAL CONTRACTORS INC, ENGINEERING 16 17 Defendant(s). ___________________________________/ 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs have filed a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b) against Defendant Rene Amilcar Torres dba Vector Engineering Contractors. [Docket No. 43.] The clerk has not yet entered default against Defendant Rene Amilcar Torres dba Vector Engineering Contractors. Previously, this court advised Plaintiffs that the court “will not consider Plaintiffs’ motion for default judgment pursuant to Rule 55(b) until the clerk has entered default against Defendant Rene Amilcar Torres dba Vector Engineering Contractors pursuant to Rule 55(a).” See Docket No. 48. Accordingly, Plaintiffs’ motion for default judgment is denied without prejudice. Immediately upon receipt of this order, Plaintiffs shall serve a copy of this order on Defendant and file proof of service with the court. IT IS SO ORDERED. Dated: December 4, 2013 DONNA M. RYU United States Magistrate Judge

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