Opinion
2:21-cv-00685-RFB-DJA
01-20-2022
DANIELLE REZENDES, Plaintiff(s), v. MOMOCOLV-MB, LLC, Defendant(s).
ORDER
NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE
The undersigned has been assigned to this case as a settlement judge for purposes of presiding over an early neutral evaluation. Docket No. 2. An early neutral evaluation is generally set upon a defendant's first appearance in a case. See Local Rule 16-6(d). Nonetheless, the evaluating magistrate judge also has wide discretion in deciding whether to exempt a case from the early neutral evaluation process. Local Rule 16-6(c).
In this case, default has been entered against Defendant, Docket No. 10, Plaintiff has filed a motion for default judgment, Docket No. 11, and Defendant's appearance comes in the form of a cross-motion to set aside default, Docket No. 12. It is not clear in this procedural posture that holding an early neutral evaluation would be fruitful. Given the circumstances, the Court declines to set an early neutral evaluation at this juncture.
For example, the early neutral evaluation is generally held after initial disclosures have been exchanged. See Local Rule 16-6(f)(1)(H). It is not clear based on the procedural posture that initial disclosures would be exchanged prior to any early neutral evaluation that were scheduled at this juncture.
In the event Defendant's cross-motion to set aside default is granted, then the parties must file a stipulation to set the early neutral evaluation that provides five dates on which all required participants are available. This stipulation must be filed within seven days of the issuance of any such order granting the cross-motion to set aside default.
Alternatively, if the parties both believe an early neutral evaluation may be fruitful while the cross-motion to set aside default remains pending, they may file a stipulation to set the early neutral evaluation that provides five dates on which all required participants are available.
IT IS SO ORDERED.