Opinion
2:23-cv-00022-TL
07-06-2023
EMPLOYEE PAINTERS' TRUST, et al., Plaintiffs, v. LORN COATINGS LLC, a Washington Limited Liability Company; CHONA J. LORN, an individual; and THAVY LORN, an individual, Defendants.
ORDER
Tana Lin, United States District Judge
This matter comes before the Court sua sponte. On March 23, 2023, the Clerk entered default as to all Defendants. Dkt. No. 12. On May 18, Plaintiffs filed the pending Motion for Default Judgment. Dkt. No. 14. However, on June 23, counsel for Defendant Lorn Coatings LLC filed a notice of appearance in this matter. Dkt. No. 17. No appearances have been filed on behalf of Defendants Chona J. Lorn or Thavy Lorn.Further, on June 30, Defendants filed their Answer. Dkt. No. 19. While the Answer was titled “Defendants' Answer to Complaint [Dkt.1],” the signature block only references Defendant Lorn Coatings LLC. See Dkt. No. 19 at 1, 9.
Defendant Chona Lorn registered to electronically file and receive electronic service in this case on February 2, 2023, and was directed to enter an appearance in accordance with Local Civil Rule 83.2. Dkt. No. 9.
“Entry of default cuts off a defendant's right to appear in the action or to present a defense.” Gordy v. Cnty. of Los Angeles, No. C21-7091, 2022 WL 3127853, at *3 (C.D. Cal. Mar. 22, 2022) (citing MKay, Inc. v. City of Huntington Park, No. C17-1467, 2017 WL 10574460, at *3 (C.D. Cal. Aug. 21, 2017)); accord Karen L. Stevenson & James E. Fitzgerald, Rutter Group Practice Guide: Federal Civil Procedure Before Trial (California and Ninth Circuit Edition) ¶ 6.42 (2023) (“Entry of a defendant's default cuts off defendant's right to appear in the action or to present evidence.” (citing Clifton v. Tomb, 21 F.2d 893, 897 (4th Cir. 1927))). “A defendant's remedy if a defendant wants to set aside default and defend an action . . . is for the defendant to file a motion to set aside entry of default pursuant to Rule 55(c) of the Federal Rules of Civil Procedure.” MKay, Inc., 2017 WL 10574460, at *3 (quoting Great Am. Ins. Co. v. M.J. Menefee Const., Inc., No. C06-0392, 2006 WL 2522408, at *2 (E.D. Cal. Aug. 29, 2006)).
Accordingly, Defendant Lorn Coatings LLC's notice of appearance (Dkt. No. 17) and Defendants' Answer (Dkt. No. 19) are STRICKEN. Should any defendant wish to file a motion to set aside entry of default, the motion SHALL be filed by August 4, 2023, and SHALL clearly state in the body of the motion on which defendant(s) the motion is filed. Plaintiffs' Motion for Default Judgment (Dkt. No. 14) SHALL be re-noted for August 4, 2023.