Chukchansi Insurance, Inc. v. Fred Alcorta

4 UNITED STATES DISTRICT COURT 5 FOR THE EASTERN DISTRICT OF CALIFORNIA CHUKCHANSI INSURANCE, INC., Case No. 1:25-cv-00523-JLT-BAM 8 Plaintiff, ORDER CONSTRUING DEFENDANT’S REQUEST FOR A CONTINUANCE AS A 9 v. MOTION TO SET ASIDE DEFAULT AND SETTING BRIEFING SCHEDULE FRED ALCORTA, (Doc. 14) 11 Defendant.

14 On May 5, 2025, Plaintiff Chukchansi Insurance, Inc. (“Plaintiff”) filed a complaint seeking damages, costs, and attorneys’ fees against Defendant Fred Alcorta (“Defendant”) pursuant to 18 U.S.C. § 1962(c) and Cal. Civ. Code §§ 1572, 1709, and 1710, as well as bringing claims for breach of contract and conversion. (Doc. 1.) Defendant was served on May 7, 2025 and summons was returned executed on May 20, 2025. (Doc. 4.) Defendant did not timely answer the complaint. On June 25, 2025, Plaintiff filed a request for entry of default as to Defendant (Doc. 5), and the Clerk of Court entered default against him on June 25, 2025. (Doc.

21 6.) On July 23, 2025, Plaintiff filed a request for default judgment against Defendant. (Doc. 8.)

22 On August 15, 2025, the District Judge adopted Findings and Recommendations denying Plaintiff’s application for entry of default judgment against Defendant. (Doc. 12.)

24 On September 11, 2025, Defendant filed a request for a continuance, asking the Court to continue proceedings until February 10, 2026 to allow him time to retain an attorney. (Doc. 14.)

26 The Court construes the request for a continuance as a motion by Defendant, appearing pro se, to set aside the Clerk’s entry of default against him.

28 On September 16, 2025, the Court convened a status conference. The Court informed Defendant that default had been entered against him, but that the Court would construe his appearance and request for a continuance as a request to set aside the default. Plaintiff objected to the Court construing the request as a motion to set aside default. Plaintiff discussed its opposition to Plaintiff’s request to set aside the default, and the Court informed Defendant that the Court could not dispose of the matter at this hearing. Accordingly, Plaintiff will be allowed an opportunity to file supplemental briefing addressing the form of Defendant’s request, whether good cause exists to set aside the Clerk’s entry of default, or other appropriate matters. Plaintiff will likewise be allowed an opportunity to respond. See Fed. R. Civ. P. 55(c); E.D. Cal. L.R. 230; Franchise Holding II, LLC v. Huntington Rests. Group, Inc., 375 F.3d 922, 926 (9th Cir. 2004).

10 Accordingly, IT IS HEREBY ORDERED as follows: 11 1. Plaintiff is ORDERED to file his opposition to Defendant’s request to set aside the default by October 10, 2025; and 13 2. Defendant is ORDERED to file his reply to Plaintiff’s opposition, if he chooses to do so, by October 24, 2025.

15 3. The Clerk of the Court is directed to update the docket with the contact information of Fred Alcorta at his last known address: 17 692 W Ellery Ave. Clovis, CA 93612 [email protected] Defendant is advised that pursuant to Local Rules 182(f) and 183(b) he is under a continuing duty to notify the Clerk and all other parties of any change of address or telephone number.

4. The Clerk of the Court is directed to serve a copy of this Order and the minutes for proceedings held on September 16, 2025 (Doc. 15) on Defendant by mail at his last known address and by email.

25 IT IS SO ORDERED.

26 Dated: September 16, 2025 /s/ Barbara A. McAuliffe _ 27 UNITED STATES MAGISTRATE JUDGE