Love v. Thompson
- Jon Tigar
- 4:19-cv-01285
- U.S. District Court · Northern District of California
- 4
In Love v. Thompson, Judge Westmore set briefing and proposed-order requirements for Samuel Love’s pending default-judgment motion.
Samuel Love and the other parties in the case, because the order set briefing, service, and proposed-order requirements for Love’s default-judgment motion.
What happened
In Love v. Thompson, Samuel Love filed a motion for default judgment on November 12, 2020. The order did not describe the claims or decide whether default judgment should be entered.
The court directed the parties to follow the district’s briefing deadlines. If no defendant filed an opposition by the deadline, Love was told to file a proposed order by the reply deadline, with supporting legal analysis and required information.
Judge Westmore ordered Love to serve the notice on the other parties and email the proposed findings in Microsoft Word format to the court. The order did not grant or deny the motion for default judgment.
The detailed version
- Love v. Thompson · No. 4:19-cv-01285
- Jon Tigar
- Nov. 13, 2020
Background
Samuel Love filed a motion for default judgment on November 12, 2020. The opinion is an order about the procedure for that motion. It does not provide a ruling on the motion itself or determine whether any defendant was liable.
Orders Concerning Briefing
The court stated that all briefing must comply with Civil Local Rule 7, including the deadlines for opposition and reply filings. If no opposition was filed by the applicable deadline, Love was directed to file a proposed order by the reply deadline instead.
Required Proposed Order
The proposed submission had to follow the structure in Attachment A and include the legal authority and analysis needed to support the requested judgment. The attachment instructed Love to address jurisdiction over the subject matter and parties, service of process, the factors courts consider when deciding whether to enter default judgment, and any requested damages, attorney’s fees, or costs. It also stated that damages allegations are not automatically accepted as true and that requested damages must be supported by legal authority and evidence.
Additional Instructions and Disposition
Love was ordered to email the proposed findings in Microsoft Word format to the court’s listed email address. No chambers copies were required. He was also ordered to serve the notice on all other parties.
The order did not grant or deny the motion for default judgment and did not enter judgment. Judge Westmore issued these briefing and submission instructions on November 13, 2020.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.