Limon v. New Era Security, Inc.
- Sallie Kim
- 3:23-cv-02055
- U.S. District Court · Northern District of California
- 2
In Limon v. New Era Security, Judge Kim granted Limon’s request to conduct discovery about damages before seeking default judgment.
Joel Limon and the defendants, because the court authorized discovery concerning damages and changed the Case Management Conference time.
What happened
In Limon v. New Era Security, Inc., default had been entered against both defendants. Limon asked to conduct discovery to gather evidence of damages for an anticipated request for a default judgment.
The court explained that early discovery requires good cause, meaning the need for the information must outweigh possible prejudice to the responding party. Because the defendants were not participating, Limon could not confer with them and otherwise would have no way to demonstrate damages.
The court granted Limon’s motion to conduct discovery about damages. Judge Sallie Kim also changed the November 13, 2023, Case Management Conference from 9:30 a.m. to 1:30 p.m.
The detailed version
- Limon v. New Era Security, Inc. · No. 3:23-cv-02055
- Sallie Kim
- Nov. 1, 2023
Background
Default had been entered against both defendants. Limon said he anticipated seeking a default judgment and requested permission to conduct discovery to establish damages.
Court’s analysis
Federal Rule of Civil Procedure 26(d) generally prevents a party from seeking discovery before the parties confer as required by Rule 26(f), unless the rules, an agreement, or a court order permits it. Courts may authorize early discovery when good cause exists. The court described good cause as existing when the need for expedited discovery, considering the administration of justice, outweighs prejudice to the responding party.
The court found good cause here because the defendants were not participating in the litigation, so Limon could not confer with them. The court also found that, without authorization for early discovery, Limon would have no other means to demonstrate damages.
Ruling
The court GRANTED Limon’s motion to conduct discovery on damages. The court further ordered that the Case Management Conference would be held at 1:30 p.m. on November 13, 2023, instead of 9:30 a.m.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.