Opinion
3:14-CV-0128-LRH-WGC
07-08-2014
VT CONSTRUCTION, INC., Plaintiff, v. H2J ENVIRONMENTAL, LLC; et al., Defendants.
ORDER
Before the court is plaintiff VT Construction, Inc.'s ("VT Construction") motion for default judgment against defendant H2J Environmental, LLC ("H2J"). Doc. #22.
Refers to the court's docket number.
Obtaining a default judgment is a two-step process governed by Federal Rule of Civil Procedure 55. Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986). Generally, the determination of whether a plaintiff is entitled to a default judgment is within the court's discretion. See Warner Bros. Entm't Inc. v. Caridi, 346 F. Supp. 2d 1068, 1071 (C.D. Cal. 2004). However, where, as here, "a complaint alleges that defendants are jointly liable and one of them defaults, judgment should not be entered against the defaulting defendant until the matter has been adjudicated with regard to all defendants." In re: First T.D. & Investment, Inc., 253 F.3d 520, 532 (9th Cir. 2001) (citing Frow v. De La Vega, 82 U.S. 552 (1872)).
Because VT Construction's complaint seeks joint liability against both H2J and co-defendant Cincinnati Insurance Company ("CIC") - who has appeared and is defending itself in this action - the court shall deny the present motion for default judgment.
IT IS THEREFORE ORDERED that plaintiff's motion for default judgment (Doc. #22) is DENIED.
IT IS SO ORDERED.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE