Opinion
No. 3:07-cv-00862-HU
03-25-2014
BAODING TIANWEI GROUP CO., LTD, a foreign entity, Plaintiff, v. PACIFICORP, an Oregon corporation, Defendant. PACIFICORP, an Oregon corporation, Third-Party Plaintiff, v. WINBO INTERNATIONAL CORP., a California corporation; SUPER POWER EQUIPMENT CO., a California corporation, Third-Party Defendants. SUPER POWER EQUIPMENT CO., a California Corporation, Counter-Claimant v. BAODING TIANWEI GROUP CO., LTD, a foreign entity, Counter-Defendant.
OPINION AND
ORDER
HUBEL, Magistrate Judge:
Pursuant to Federal Rule of Civil Procedure ("Rule") 55(a), Plaintiff Baoding Tianwei Group Co. Ltd. ("Plaintiff") moves for an order of default against Third-Party Defendants Winbo International Corp. and Super Power Equipment Co. (collectively, "the Third-Party Defendants") on Plaintiff's second amended counterclaims filed in this action and served on the Third-Party Defendants on September 30, 2013.
It's evident that service was effected on the Third-Party Defendants and they have failed to plead or otherwise defend. See FED. R. CIV. P. 55(a) ("When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk must enter the party's default"); see also Tiesing v. 357 Customs Inc., No. CIV S-07-0115, 2007 WL 4106985, at *1 (E.D. Cal. Nov. 16, 2007) (entry of default is appropriate when the plaintiff demonstrates, "by affidavit or otherwise," "that service was effected on the defendant and that the defendant failed to respond within the time specified by the [Rules].") The Court therefore directs the Clerk to enter default under Rule 55(a) against the Third-Party Defendants on Plaintiff's second amended counterclaims.
To the extent Plaintiff moves for a default judgment against the Third-Party Defendants under Rule 55(b)(1), the Court declines to do so because the claims do not appear to be for a sum certain on this record. A prima facie hearing is scheduled for April 4, 2014, at 10:00 a.m., in courtroom 9B. The Clerk is directed to notify the Third-Party Defendants' corporate representative, Lucy Ni, about the upcoming hearing using the contact information listed on the District of Oregon's electronic filing system, which was provided by the Third-Party Defendants' former counsel during a telephone hearing held on April 15, 2013.
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DENNIS J. HUBEL
United States Magistrate Judge