Petra A. Parker v. Work Source & Partners

Filing 59

MINUTES (IN CHAMBERS) by Judge Christina A. Snyder RE: Motion to Reverse Decision to Vacate Default Judgment 55 . Plaintiff filed her motion to reverse decision to vacate default judgment, which the Court construes as a motion for reconsideration. P laintiff argues that the Court should reconsider its order vacating the entry of default because she has amended her complaint to properly name the defendant to this action. The court declines to do so. Because plaintiff failed to properly name or serve defendant in the first instance, it is inappropriate to enter a default against it. Accordingly, plaintiff's motion is hereby DENIED. Court Reporter: Not Present. (gk)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.

CV 10-6641-CAS (JCGx)

Title

PETRA ANN PARKER V. WORK SOURCE & PARTNERS

Present: The Honorable

Date

November 26, 2012

CHRISTINA A. SNYDER

Catherine Jeang
Deputy Clerk

Not present
Court Reporter / Recorder

N/A
Tape No.

Attorneys Present for Plaintiffs:

Attorneys Present for Defendants

Not present

Not present

Proceedings:

(In Chambers:) MOTION TO REVERSE DECISION TO
VACATE DEFAULT JUDGMENT (filed November 16, 2012)

On September 14, 2010, plaintiff Petra Ann Parker filed suit against erroneously
named defendant Work Source & Partners. Dkt. No. 3. The Clerk entered default against
“Work Source & Partners” on September 13, 2012. Dkt. No. 36. Defendant UAW-Labor
and Employment Training Corporation (“UAW-LETC”) moved to set aside the entry of
default on September 28, 2012. The Court granted the motion because plaintiff failed to
properly serve UAW-LETC and because defendant demonstrated that it had a potential
defense to plaintiff’s suit on the merits. Dkt. No. 51.
Plaintiff then filed her motion to reverse decision to vacate default judgment,
which the Court construes as a motion for reconsideration. Plaintiff argues that the Court
should reconsider its order vacating the entry of default because she has amended her
complaint to properly name the defendant to this action. The court declines to do so.
Because plaintiff failed to properly name or serve defendant in the first instance, it is
inappropriate to enter a default against it. Accordingly, plaintiff’s motion is hereby
DENIED.
IT IS SO ORDERED.
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Initials of Preparer

CV-90 (06/04)

CIVIL MINUTES - GENERAL

:

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CMJ

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