Gilbert v. Alsamiri

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA DARREN GILBERT, Case No. 1:22-cv-00481-JLT-HBK 12 Plaintiff, ORDER VACATING INITIAL SCHEDULING CONFERENCE 13 v. ORDER SETTING DEADLINE TO FILE ABDO M. ALSAMIRI and TALAL A. MOTON FOR DEFAULT JUDGMENT OR OBAID, SHOW CAUSE Defendants. DECEMBER 22, 2022 DEADLINE

19 This matter comes before the court sua sponte. On August 2, 2022, Plaintiff requested entry of default as to Defendants Abdo M. Alsamiri and Talal A. Obaid. (Doc. No. 6). A Clerk’s Entry of Default was entered the same day. (Doc. No. 7). Over three months have passed and Plaintiff has not moved for default judgment under Fed. R. Civ. P. 55(b)(2). Although Rule 55(b) does not specify a time within which a plaintiff must move for a default judgment, Rule 1 places an affirmative duty on both the court and counsel to ensure the “just, speedy, and inexpensive” determinations of federal cases. Fed. R. Civ. P. 1; see Harvey v. United States, 685 F.3d 939, 946 (10th Cir. 2012) (a plaintiff must promptly move for default judgment under Fed. R. Civ. P. 55); see also Branded Online Inc. v. Holden LLC, No. SA CV 15-0390-DOC (DFMx), 2016 WL 28 8849024, at *1 (C.D. Cal. Jan. 8, 2016) (requiring plaintiff to file Rule 55(b)(2) motion by date | specific or face dismissal).

2 Accordingly, it is ORDERED: 3 1. In light of the Clerk’s Entry of Default, the Initial Scheduling Conference Set for 4 January 19, 2023 at 10:00 AM (Doc. No. 3) is VACATED.

5 2. If Plaintiff so desires, Plaintiff shall file a motion for default judgment pursuant to 6 Rule 55(b)(2) on or before December 22, 2022 or show cause why the Court should 7 not dismiss this action for failure to prosecute. ” | Dated: _ November 22, 2022 law Th. Doareh Hack 10 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE