1

2

3

4

5

6

7

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 MAI ZONG HER, et al. Case No. 1:25-cv-00656-JLT-SAB

12 Plaintiffs, ORDER VACATING SEPTEMBER 11, 2025 SCHEDULING CONFERENCE AND 13 v. REQUIRING PLAINTIFFS TO FILE A MOTION FOR DEFAULT JUDGMENT 14 TUA CHA, THIRTY-FIVE DAY DEADLINE 15 Defendant.

16 17 Plaintiffs commenced this action on May 30, 2025. (ECF No. 1.) On August 8, 2025, 18 the Clerk of the Court entered default against Defendant Tua Cha. (ECF Nos. 8, 9.) The 19 scheduling conference in this matter is currently set for September 11, 2025. (ECF No. 4.) 20 Pursuant to Federal Rules of Civil Procedure 55, obtaining a default judgment is a two- 21 step process. Yue v. Storage Technology Corp., No. 3:07-cv-05850,

, *2 (N.D. 22 Cal. Feb. 11, 2008). Entry of default is appropriate as to any party against whom a judgment for 23 affirmative relief is sought that has failed to plead or otherwise defend as provided by the Federal 24 Rules of Civil Procedure and where that fact is made to appear by affidavit or otherwise. Fed. R. 25 Civ. P. 55(a). After entry of default, a plaintiff can seek entry of default judgment. Fed. R. Civ.

(b)(1) and (2). “Default judgments are generally disfavored, and whenever it is reasonably 27 possible, cases should be decided upon their merits.” In re Hammer,

, (9th Cir. 1991) (cleaned up). 1 As the Defendant in this matter is in default, the Court shall vacate the initial scheduling 2 | conference and set a deadline for a motion for default judgment to be filed. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. Within thirty-five (35) days from the date of entry of this order, Plaintiffs shall 5 file a motion for default judgment; 6 2. The initial scheduling conference set for September 11, 2025, is VACATED; and 7 3. Plaintiffs are advised that the failure to comply with this order shall result in a 8 recommendation that this action be dismissed for failure to prosecute. 9 10 IT IS SO ORDERED. FA. ee 11 | Dated: _ August 8, 2025 STANLEY A. BOONE 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28