Kohli v. Dayal et al

Filing 157

ORDER. IT IS HEREBY ORDERED that Kohli's #153 Motion for Default is GRANTED. IT IS FURTHER ORDERED that the duplicative filing, docketed as a motion for summary judgment (ECF No. #152 ) is STRICKEN. Signed by Judge Cristina D. Silva on 11/15/2023. (Copies have been distributed pursuant to the NEF - AMMi)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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4 Eric Kohli,

Case No. 2:20-cv-00538-CDS-NJK
Plaintiff

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v.

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7 Pacific Bay Lending Group and Miss Elegant
Expo,
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Defendants
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Order Granting Plaintiff’s Motion for
Default and Striking Plaintiff’s Motion for
Summary Judgment
[ECF Nos. 152, 153]

Plaintiff Eric Kohli moves for default against defendants Pacific Bay Lending Group and

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11 Miss Elegant Expo (collectively “the unrepresented defendants”). Magistrate Judge Koppe
12 previously issued a Report and Recommendation (R&R) recommending that I issue default
13 against the unrepresented defendants. 1 After the time period for filing objections to the R&R
14 passed with no objections filed, I adopted the R&R in its entirety and directed Kohli to file a
15 motion for default. 2
Having reviewed the motion for default, 3 I grant Kohli’s motion and enter default against

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17 Pacific Bay Lending Group and Miss Elegant Expo. The unrepresented defendants never
18 responded to Magistrate Judge Koppe’s order to show cause addressing the requirement that
19 corporate entities be represented by counsel in federal court, see ECF No. 118, nor have they
20 responded to Kohli’s motion for default.
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23 1 See R&R, ECF No. 134.
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Order, ECF No. 138.

24 3 Kohli filed a motion for default judgment, which was consistent with my order. See ECF No. 138.
However, the court inadvertently directed Kohli to file a motion for default judgment instead of a motion

25 for default. Accordingly, the court will not require Kohli to refile his motion and instead grants default,

consistent with the Magistrate Judge’s R&R recommending entry of default, not default judgment. Further,

26 the court sua sponte strikes the duplicative filing, docketed as a motion for summary judgment, at ECF
No. 152.

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Accordingly, because corporate entities cannot proceed in federal court without licensed

2 counsel, entry of default against the unrepresented defendants is appropriate and I grant Kohli’s
3 motion. However, for the reasons set forth in the R&R, the court will not enter default
4 judgment against Pacific Bay Lending Group and Miss Elegant Expo at this time. See ECF No.
5 134 at 2. Judgment against the unrepresented defendants will be addressed at the conclusion of
6 this case.
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IT IS HEREBY ORDERED that Kohli’s motion for default [ECF No. 153] is

8 GRANTED. 4
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IT IS FURTHER ORDERED the duplicative filing, docketed as a motion for summary

10 judgment [ECF No. 152] is stricken.
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DATED: November 15, 2023

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_________________________________
Cristina D. Silva
United States District Judge

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The Clerk of Court already entered default against Pacific Bay Lending Group and Miss Elegant Expo.
See ECF No. 139.
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