Bequest Funds, LLC v. Ojeda

Background

On May 2, 2025, Bequest Funds, LLC filed a motion seeking default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The order schedules proceedings on that motion; it does not grant or deny default judgment.

Orders on briefing and hearing

The court ordered Defendants to file any opposition to the motion by June 11, 2025. It scheduled a show-cause hearing for July 10, 2025, at 11:00 a.m., concerning why an order should not be issued granting default judgment against Defendants. No later than the Thursday before the hearing, Plaintiff must electronically file a proposed default judgment order for the Clerk’s approval.

The court cautioned that corporate entities may appear in federal court only through licensed counsel and cited authority stating that default judgment may be entered against an entity that repeatedly fails to appear through counsel.

Possible change to the conference

If any Defendant appears, opposes the motion, or seeks a retroactive extension of time to respond to the complaint before the hearing, the parties must prepare to treat the hearing as the initial pretrial conference for that appearing Defendant. The order requires the parties to follow procedures from the court’s January 24, 2025 order, including submitting a joint letter and proposed case-management plan by the Thursday before the conference and participating in an early settlement conference with the assigned magistrate judge at least two weeks before the initial pretrial conference.

Service requirement

Within one business day after the order, Plaintiff must serve Defendants by overnight courier with the default-judgment motion, all supporting papers, and the order itself. Within two business days after service, Plaintiff must file proof of service on the docket.

Disposition

Judge Jeannette A. Vargas issued an order scheduling default-judgment briefing and a show-cause hearing. The opinion does not enter default judgment or otherwise resolve the motion.