Williams Sports Rentals Inc.

Filing 134

ORDER signed by Chief District Judge Kimberly J. Mueller on 01/19/23 DENYING 131 Stipulation to Set Aside 2017 Entry of Default; GRANTING Request for Extension of Time; Third-party defendants have 14 days to file responses to the third-party complaint. (Benson, A.)

Case 2:17-cv-00653-KJM-JDP Document 134 Filed 01/19/23 Page 1 of 2
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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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IN RE: COMPLAINT AND PETITION OF
WILLIAMS SPORTS RENTALS, INC., AS
OWNER OF A CERTAIN 2004 YAMAHA
WAVERUNNER FX 140 FOR
EXONERATION FROM OR LIMITATION
OF LIABILITY,

No. 2:17-cv-00653-KJM-JDP
ORDER

MARIAN LATASHA WILLIS, on behalf of
the Estate of RAESHON WILLIAMS,
Respondent/Counter Claimant
v.

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WILLIAMS SPORTS RENTALS, INC.

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Petitioner/Counter Defendant

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WILLIAMS SPORTS RENTALS, INC.

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Petitioner, Counter Defendant, and Third-party
Plaintiff,

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v.

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THOMAS SMITH, KAI PETRICH,
BERKELY EXECUTIVES, INC., ZIP, INC.,
and DOES 1-10

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Third-party Defendants

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Case 2:17-cv-00653-KJM-JDP Document 134 Filed 01/19/23 Page 2 of 2
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Petitioner Williams Sports Rentals (WSR) and third-party defendants Kai Petrich, Twin

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City Fire Insurance Company and Sentinel Insurance Company have file a stipulation and

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proposed order to set aside the clerk’s 2017 entry of default and grant third-party defendants a 10-

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day extension to answer WSR’s third-party complaint. Stipulation at 2–3, ECF No. 131.

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In June 2017, respondent/counter-claimant Marian Latasha Willis sought entry of default

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as to all non-appearing claimants in this admiralty action, Request for Default, ECF No. 23,

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which the clerk entered, Entry of Default, ECF No. 24. In asking this court to set aside the entry

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of default, movants claim Willis requested the default “without any legal authority cited to do so,”

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Stipulation at 2, and the clerk’s subsequent entry of default was incorrect in stating the request

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was made by “Plaintiff,” see Entry of Default. While the clerk erred in labeling Willis as

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“Plaintiff” and not defendant/counter-plaintiff, movants have not shown why Willis had no legal

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authority to seek entry of default or why the clerk was not fundamentally in compliance with

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Federal Rule of Civil Procedure 55 in granting the entry of default. See Fed. R. Civ. P Rule 55.

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Movants may ask this court to set aside the entry of default for good cause, but they have not

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shown good cause here. See id. Thus, the stipulated request to set aside the clerk’s entry of

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default is denied without prejudice.

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Movants also ask this court to grant third-party defendants an extension of 10 days after

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entry of this order to respond to WSR’s third-party complaint. Stipulation at 3; Third Party

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Complaint, ECF No. 92. Pursuant to Eastern District Local Rule 144(a), the parties have sought

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approval of this stipulation by this court.

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For the reasons stated, the court denies without prejudice movants’ request to set aside

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the 2017 entry of default and grants movants’ request for an extension of time to respond to

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WSR’s third-party complaint. Third-party defendants have fourteen days from the filing date

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of this order to file responses to the third-party complaint.

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IT IS SO ORDERED.
DATED: January 19, 2023.

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