Opinion
23-CV-1211 JLS (DDL)
06-20-2024
SACHIN KHOKHAR, on behalf of himself and others similarly situated, Plaintiff, v. J C K AMERICAN TRANSPORT, INC., and AZAD PAWAR, Defendants.
ORDER STRIKING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT
(ECF NO. 10)
(Hon. Janis L. Sammartino, United States District Judge
Presently before the Court is Plaintiff Sachin Khokhar's Motion for Default Judgment (“Mot.,” ECF No. 10), filed as to Defendants JCK American Transport, Inc., and Azad Pawar (collectively, “Defendants”). In violation of Civil Local Rules 7.1(b) and 7.1(f)(1), Plaintiff filed the Motion without first obtaining a hearing date from chambers. “The requirement that a party obtain a hearing date from the judge's clerk is no empty formality; it is a rule of substantial importance.... [T]he hearing date sets in motion a calendar for the filing of opposition and reply briefs.” Kashin v. Kent, No. 02-CV-2495-LAB (WMC), 2007 WL 1975435, at *1 (S.D. Cal. Apr. 26, 2007), aff'd, 342 Fed.Appx. 341 (9th Cir. 2009). Indeed, Plaintiff's Motion notes the impact of hearing dates under this District's Local Rules. Mot. at 1.
Accordingly, the Court STRIKES the Motion. See Kashin, 2007 WL 1975435, at *2 (striking motion for failing to secure a hearing date in accordance with local rules); S.D. Cal. CivLR 83.1(a) (noting failure to comply with Civil Local Rules “may be grounds for imposition by the Court of any and all sanctions authorized by statute or rule or within the inherent power of the Court”). Plaintiff SHALL (1) REFILE the Motion in accordance with the appropriate Court procedures within fourteen (14) days of the date of this Order; and (2) SERVE the refiled motion on Defendants.
IT IS SO ORDERED.