Summary
The United States District Court for the Northern District of California grants Defendant Noah Wolf’s motion to set aside entry of default under Federal Rule of Civil Procedure 55(c). The court finds good cause based on Defendant’s efforts to respond before default was entered and Plaintiff’s lack of opposition. The court deems Defendant’s answer properly filed and schedules a case management conference.
Holdings
- The entry of default must be set aside because Defendant demonstrated good cause through his efforts to respond before default was entered, and Plaintiff did not oppose the showing of good cause.
- Defendant's answer is deemed properly filed and entered into the record after the default is set aside.
Questions Presented
- Whether the Clerk's entry of default should be set aside for good cause under Federal Rule of Civil Procedure 55(c).
Disposition
other
Cases Cited (2)
- Brandt v. Am. Bankers Ins. of Florida, 653 F.3d 1108, 1111-12 (9th Cir. 2011)(followed)
- United States v. A Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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