Christopher Melingonis, individually and on behalf of others similarly situated v. Golden Gate Realty & Investments, Inc.
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
The court reviewed the procedural history of the case, noting that the defendant was served and waived service but failed to file an answer within the time limits set by the Federal Rules of Civil Procedure. The court ordered the Clerk to enter a default against the defendant and directed the plaintiff to file a motion for default judgment within thirty days.
| What the court decided | The model |
|---|---|
Default entered against Defendant Golden Gate Realty & Investments, Inc.“Accordingly, the Clerk of Court is DIRECTED to enter default against Golden Gate.” | agree with court The order recites that the defendant was served on January 12, 2026, and executed a waiver of service on February 28, 2026. Under Fed. R. Civ. P. 12(a)(1), a defendant served with a waiver request has 60 days from the date of the request to respond. The order states that 'more than sixty (60) days have passed' since service and the waiver, and the defendant has failed to respond. This satisfies the requirements of Fed. R. Civ. P. 55(a) for entering a default. |
Plaintiff directed to file a motion for default judgment within thirty days“Plaintiff must file a motion for default judgment no later than thirty days from the docketing of this Order.” | agree with court This is a procedural directive consistent with Civil Local Rule 55.1 and standard practice following the entry of default. |
The order itself: sound — The order correctly applies the Federal Rules of Civil Procedure to the facts recited. It identifies the specific rule governing the time to respond (Rule 12(a)(1)), notes the failure to respond, and cites the correct rule for entering default (Rule 55(a)). The warning regarding dismissal for failure to prosecute is supported by standard authority (Link v. Wabash). The reasoning is direct and legally sound.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 CHRISTOPHER MELINGONIS, Case No.: 25-cv-2042-AJB-KSC individually and on behalf of others 12 ORDER ENTERING DEFAULT similarly situated, AGAINST DEFENDANT GOLDEN 13 Plaintiff, GATE REALTY & INVESTMENTS, 14 v. INC. 15 GOLDEN GATE REALTY & INVESTMENTS, INC., 16 Defendant. 17 18 On August 8, 2025, Plaintiff Christopher Melingonis filed his Complaint in this 19 action against Defendant Golden Gate Realty & Investments, Inc. (“Golden Gate”). (Doc. 20 No. 1.) A summons was issued that same day. (Doc. No. 2.) On November 24, 2025, the 21 Court issued an Order to Show Cause (“OSC”) requiring Plaintiff to explain why service 22 had not been effectuated within ninety (90) days as required by Federal Rule of Civil 23 Procedure 4(m) and Civil Local Rule 4.1. (Doc. No. 4.) 24 On December 15, 2025, Plaintiff responded to the OSC. (Doc. No. 5.) The Court 25 found Plaintiff diligent in his attempts to serve his Complaint and extended Plaintiff’s 26 deadline to serve Golden Gate. (Doc. No. 6.) The Court required that Plaintiff effectuate 27 service, and file a proof of service on the docket, on or before January 15, 2026. (Id.) On 28 January 16, 2026, Plaintiff filed a status update informing the Court that Plaintiff 1 || effectuated service on Golden Gate on or about January 11, 2026. (Doc. No. 7.) Also on 2 || January 16, 2026, Plaintiff filed a proof of service indicating that Golden Gate was served 3 |}on January 12, 2026. (Doc. No. 8.) On February 28, 2026, Plaintiff filed a waiver of service 4 behalf of Golden Gate which was signed and executed by Timothy J. Silverman of 5 || Scheer Law Group. (Doc. No. 9.) 6 Rule 12 of the Federal Rules of Civil Procedure requires a defendant to serve an 7 || answer or otherwise respond to the complaint “within 21 days after being served with the 8 ||summons and complaint” or “within 60 days after the request for a waiver was sent.” Fed. 9 ||R. Civ. P. 12(a)(1); see also Fed. R. Civ. P. 12(b). Here, more than sixty (60) days have 10 passed since Golden Gate was served with the Complaint and executed its waiver of 11 |/service. (See Doc. No. 9.) Yet, Golden Gate has failed to file an answer or otherwise 12 ||respond to the Complaint. (See generally Docket.) Accordingly, the Clerk of Court is 13 || DIRECTED to enter default against Golden Gate. See Fed. R. Civ. P. 55(a). Plaintiff must 14 || file a motion for default judgment no later than thirty days from the docketing of this 15 Order. See CivLR 55.1. Plaintiff is cautioned that a failure to properly move for default 16 ||judgment will result in the Court dismissing this action with prejudice for failure to 17 || prosecute. See id.; see also Link v. Wabash R.R., 370 U.S. 626, 629 (1962) (“The authority 18 |/of a federal trial court to dismiss a plaintiff's action with prejudice because of his failure 19 || to prosecute cannot seriously be doubted.”’); Fed. R. Civ. Proc. 41(b) (“Unless the court in 20 order for dismissal otherwise specifies, a dismissal under this subdivision [1.e., Fed. R. 21 || Civ. Proc. 41(b)] .. . operates as an adjudication upon the merits.”’). 22 IT IS SO ORDERED. 23 || Dated: May 11, 2026 © 24 Hon, Anthony J.Battaglia 25 United States District Judge 26 27 28 25-cv-2042-AJB-KSC