Robert Miller Photographer, LLC v. Experia Moving Inc.

Background

On May 12, 2025, the court ordered Experia Moving Inc. to appear by May 23, 2025. The plaintiff served Experia with that order on May 20, 2025. As of May 29, Experia had not appeared. The plaintiff had already obtained a certificate of default.

Court’s Order

The court ordered the plaintiff to file, by June 11, 2025, a motion for default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). The motion must include an attorney’s affidavit or declaration explaining the basis for default judgment, how and when the summons and complaint were served, and why that service was legally proper.

The court set June 25, 2025, as the deadline for Experia to oppose the motion. It also reminded Experia that a corporation may appear in federal court only through a licensed lawyer and ordered Experia to appear and show cause on June 30, 2025, at 3:30 p.m., why default judgment should not be entered. The plaintiff must immediately serve the order and later serve the motion, then file proof of that service.

Result and Classification

This order set procedures for deciding whether to enter default judgment; it did not itself enter default judgment. Because the order concerns a default-based procedural step rather than a decision on the underlying claims, it is classified as a procedural order.