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7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9

10 JOSE ESCOBEDO, Case No. 1:24-cv-00930-SAB

11 Plaintiff, ORDER REQUIRING PLAINTIFF TO FILE A MOTION FOR DEFAULT JUDGMENT 12 v. THIRTY-FIVE DAY DEADLINE 13 REGINO FLORES GARCIA, et al., 14 Defendants.

15 16 Plaintiff filed the complaint in this action on August 9, 2024. (ECF No. 1.) On October 17 29, 2024, Plaintiff requested entry of default as to all defendants. (ECF No. 8.) On October 30, 18 2024, the Clerk of the Court entered default against all Defendants: (1) Regino Flores Garcia, 19 dba Senor Pancho’s; (2) Yolanda Mancillas Garcia, dba Senor Pancho’s; and (3) Lemoore 20 Capital, L.P. (ECF No. 11.) 21 The Court notes that after the clerk’s entry of default of all defendants, Defendants 22 Regino Flores Garcia and Yolanda Mancillas Garcia filed an answer on October 30, 2024. (ECF 23 No. 12.) However, neither a stipulation nor motion to set aside the entry of default has been filed 24 in this action.1 25 1 Once default has been entered by the Clerk, “[t]he court may set aside an entry of default for good cause.” Fed. R. 26 Civ. P. 55(c). In determining whether good cause exists, the court considers “(1) whether the party seeking to set aside the default engaged in culpable conduct that led to the default; (2) whether it had no meritorious defense; or 27 (3) whether reopening the default judgment would prejudice the other party.” United States v. Mesle,

(9th Cir. 2010) (citing Franchise Holding II, LLC v. Huntington Restaurants Grp., Inc.,

, 925-26 1 Accordingly, pursuant to Federal Rules of Civil Procedure 55, obtaining a default 2 | judgment is a two-step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850,

| 361142, *2 (N.D. Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against 4 | whom a judgment for affirmative relief is sought that has failed to plead or otherwise defend as 5 | provided by the Federal Rules of Civil Procedure and where that fact is made to appear by 6 | affidavit or otherwise. Fed. R. Civ. P. 55(a). After entry of default, the plaintiff can seek entry 7 | of default judgment. Fed. R. Civ. P. 55(b)(1) and (2). “Default judgments are generally 8 | disfavored, and whenever it is reasonably possible, cases should be decided upon their merits.” 9 | In re Hammer,

, (9th Cir. 1991) (internal punctuation and citations omitted). 10 As default has been entered against all Defendants in this matter, and no stipulation nor 11 | motion to set aside such default has been filed, the Court shall set a deadline for Plaintiffs 12 | motion for default judgment to be filed. 13 Accordingly, IT IS HEREBY ORDERED that within thirty-five (35) days from the date 14 | of service of this order, Plaintiff shall file a motion for default judgment. Plaintiff is advised that 15 | the failure to comply with this order shall result in a recommendation that this action be 16 | dismissed for failure to prosecute. 17 18 IT IS SO ORDERED. DAM Le 19 | Dated: _November 8, 2024 _ oO ES STANLEY A. BOONE 20 United States Magistrate Judge 21 22 23 24 25 26 27 28