Opinion

Ryan

Court
District Court, S.D. California
Filed
Jul 21, 2026
Cited by
0 cases
Authority
More cited than 44.1%

The opinion

1 UNITED STATES DISTRICT COURT

2 SOUTHERN DISTRICT OF CALIFORNIA

3 Jeremy RYAN, Case No.: 25-cv-2348-AGS-BLM

4 Plaintiff,

ORDER DENYING MOTION FOR

5 v. DEFAULT JUDGMENT (ECF 32)

6

BEST IN SLOT, LLC FZ,

7

Defendant.

8

9

Unrepresented plaintiff Jeremy Ryan seeks a default judgment of over $19 million,

10

plus injunctive and other relief. (ECF 32, at 7 (seeking, among other things, “$19,494,102

11

(or in the alternative $9,498,701)”).) That request is denied.

12

When a defendant fails to defend, the “court’s decision whether to enter a default

13

judgment is a discretionary one.” Aldabe v. Aldabe, 616 F.2d 1089, 1092 (9th Cir. 1980).

14

That discretion is guided by seven factors. See Eitel v. McCool, 782 F.2d 1470, 1471–72

15

(9th Cir. 1986). But the Court need not reach that discretionary analysis, as plaintiff has

16

not met his “burden on default judgment to establish the amount of [his] damages.” See

17

Board of Trs. of Bay Area Roofers Health & Welfare Tr. Fund v. Westech Roofing, 42 F.

18

Supp. 3d 1220, 1232 n.13 (N.D. Cal. 2014). “To recover damages after securing a default

19

judgment,” a plaintiff must “prove the relief it seeks” through admissible evidence, such

20

as “testimony or written affidavit.” Global Brother SRL, v. Kaur, No. 25-cv-01283-VKD,

21

2026 WL 2076143, at *9 (N.D. Cal. July 17, 2026). “Courts apply the preponderance of

22

the evidence standard in determining a plaintiff’s damages.” Channel Well Tech. v. Core

23

Info. Sys., No. CV 26-1495 FMO (ASx), 2026 WL 1847842, at *4 (C.D. Cal. June 22,

24

2026).

25

Ryan’s motion falls woefully short of convincing this Court by a preponderance of

26

the evidence that plaintiff’s proposed numbers are an appropriate measure of damages. As

27

evidence, Ryan offers only his own declaration, which purports to value his damages based

28

| his stakes in four cryptocurrency coins: “BRC-2.0 Punks,” “Punkameleons,” “Bitcoin

2 || Cousins,” and “Moonkees.” (ECF 32-1, at 4-5.) Ryan “use[d] three BRC-2.0 tokens that

3 || BIS actually launched -- ACORNS, Godsfi, and Gamefi -- as benchmark comparables.”

4 || at 4.) According to Ryan, “[t]hese are the only true comparables: same protocol, same

5 || BIS platform, same time period.” (/d.) But this claim is based entirely on his say-so. There

6 ||is no evidence attached to his declaration to support that statement—indeed, there is no

7 evidence attached to his declaration at all. (See generally id.) Without any evidentiary

8 ||record, Ryan essentially asks this Court to take at face value: the valuation numbers he

9 || provides, his representation that the coins he staked would have had a similar performance,

10 the implicit assumption that there are no differences or market conditions that might

11 to a damages differential.

12 This will not do. “The entry of default does not convert this court into a rubber stamp

13 ||for whatever judgment a plaintiff proposes, and in some ways a motion for default

14 ||judgment places an additional burden on the court because it lacks the benefit of an

15 adversary to raise legal and factual disputes.” U.S. ex rel. Am. Taxpayers Fighting Fraud

16 || LLC v. Cole Harris, No. 2:22-cv-04178-MWC-RAO, 2026 WL 1917694, at *2 (C.D. Cal.

17 || July 1, 2026) (cleaned up). Thus, the default-judgment motion is DENIED without

18 || prejudice. Any updated motion must be filed by September 21, 2026.

19 Dated: July 21, 2026

1 Andre Schopler

United States District Judge

22

23

24

25

26

27

28

2 a □□

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.