Opinion
No. 2:10-cv-02334 JAM KJN PS.
May 26, 2011
ORDER
On December 29, 2010, the Clerk of Court entered defendant's default. (Clerk's Cert. of Entry of Def., Dkt. No. 6.) The court has since denied two motions for default judgment filed by plaintiff because a Chapter 7 bankruptcy trustee, and not plaintiff, has standing to pursue the claim at issue in this action. (See Order, Mar. 29, 2011, Dkt. No. 14; Order, Apr. 7, 2011, Dkt. No. 17.) Plaintiff agrees that this determination is correct. (See Response to the Court's Mar. 29, 2011 Order at 2-3, Dkt. No. 19.) Plaintiff has identified the Chapter 7 trustee as Jeffry Locke, who is located at 530 Alameda Del Prado, #396, Novato, California 94949. (Pl.'s Decl. ¶ 5, Dkt. No. 18.)
Although no motions in this action are presently pending before the court, plaintiff's recent filings suggest that plaintiff might believe that a motion for default judgment is pending. To the extent that is the case, plaintiff is mistaken. Any such motion must be filed, if at all, by the Chapter 7 trustee.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff shall promptly notify the Chapter 7 bankruptcy trustee, Jeffry Locke, of this action and serve a copy of this order on Mr. Locke.
2. Within seven days of plaintiff's compliance with this order, plaintiff shall file a written notice with the court confirming such compliance.
IT IS SO ORDERED.
DATED: May 25, 2011