Sorto v. Hannegan, Benson & Company, Inc. et al

Filing 17

ORDER by Magistrate Judge Howard R. Lloyd denying 12 Motion for Default Judgment (hrllc1, COURT STAFF) (Filed on 1/26/2009)

1 2 3 4 5 6 7 8 9 10 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION JOSE DE LA PAZ SORTO, on behalf of himself and all other similarly situated plaintiffs, Plaintiff, v. HANNEGAN, BENSON & CO., INC. doing business as C.B. HANNEGAN'S, CHRIS BENSON, DOES 1-10, Defendants. / Plaintiff's complaint1 alleges violations of California's labor laws and the Federal Fair Labor Standards Act. No defendant has answered the complaint to date, although the record indicates that they have all been served. Plaintiff never asked for, or received, an entry of default. See Fed. R. Civ. P. 55(a). In July, plaintiff filed a "Request for Entry of Default Judgment." Because the request is procedurally improper, the court DENIES it without prejudice. IT IS SO ORDERED. Dated: 1/26/09 HOWARD R. LLOYD UNITED STATES MAGISTRATE JUDGE Case No. C08-00189 HRL ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF A DEFAULT JUDGMENT Re: Docket No. 12 *E-filed 1/26/09*

United States District Court

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For the Northern District of California

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Plaintiff filed his initial complaint in January, 2008, then filed an amended complaint six months later. Because the defendants had not filed responsive pleading, the amended complaint is operative. See Fed. R. Civ. P. 15(a)(1)(A).

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THIS IS TO CERTIFY THAT A COPY OF THIS NOTICE WILL BE SENT TO: Adam Wang [e-mail] *Counsel are responsible for providing copies to co-counsel who have not registered for efiling. Dated:1/26/09 /s/ MPK Chambers of Magistrate Judge Howard R. Lloyd

United States District Court

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For the Northern District of California

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