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Labor: E.R.I.S.A. | Oregon
Order on Motion for Default Judgment
ORDER DENYING PLAINTIFFS' MOTION FOR DEFAULT JUDGMENT: This Court has reviewed Plaintiffs' Motion for Default Judgment, ECF 10 . The motion is DENIED without prejudice. First, Plaintiffs have not identified whether they are attempting to proceed under Federal Rule of Civil Procedure 55(b)(1) or Federal Rule of Civil Procedure 55(b)(2) or both. Second, this Court is aware of some authority that Plaintiffs cannot seek reasonable attorney's fees and costs under Federal Rule of Civil Procedure 55(b)(1). See Epstein v. Cooley, No. 22-CV-273 AJB JLB, 2022 WL 19333328, at *1 (S.D. Cal. Nov. 1, 2022). If Plaintiffs believe that reasonable attorney's fees and costs are available under Federal Rule of Civil Procedure 55(b)(1), they may introduce authority for that proposition in a subsequent default judgment motion. Third, to the extent that Plaintiffs seek reasonable attorney's fees and costs, they do not identify "the statute, rule, or other grounds" entitling them to those fees and costs. In re Ferrell, 539 F.3d 1186, 1192 (9th Cir. 2008). Fourth, to the extent that Plaintiffs seek to recover under Federal Rule of Civil Procedure 55(b)(2), they have not identified why the factors outlined in Eitel v. McCool, 782 F.2d 1470 (9th Cir. 1986) favor a default judgment including for damages specifically. Ordered on 10/1/26 by Judge Karin J. Immergut. (jy)
Order on Motion for Entry of Default
ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiffs' Motion for Entry of Default 5 as to Defendant Divine Heating & Cooling LLC. Within 30 days, Plaintiffs shall file a motion for default judgment along with a proposed form of default judgment for review by a U.S. District Judge. (gm)
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