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.)

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Case 2:17-cv-00653-KJM-JDP Document 134 Filed 01/19/23 Page 1 of 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 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. 19 WILLIAMS SPORTS RENTALS, INC. 20 Petitioner/Counter Defendant 21 WILLIAMS SPORTS RENTALS, INC. 22 Petitioner, Counter Defendant, and Third-party Plaintiff, 23 24 v. 26 THOMAS SMITH, KAI PETRICH, BERKELY EXECUTIVES, INC., ZIP, INC., and DOES 1-10 27 Third-party Defendants 25 28 1 Case 2:17-cv-00653-KJM-JDP Document 134 Filed 01/19/23 Page 2 of 2 1 Petitioner Williams Sports Rentals (WSR) and third-party defendants Kai Petrich, Twin 2 City Fire Insurance Company and Sentinel Insurance Company have file a stipulation and 3 proposed order to set aside the clerk’s 2017 entry of default and grant third-party defendants a 10- 4 day extension to answer WSR’s third-party complaint. Stipulation at 2–3, ECF No. 131. 5 In June 2017, respondent/counter-claimant Marian Latasha Willis sought entry of default 6 as to all non-appearing claimants in this admiralty action, Request for Default, ECF No. 23, 7 which the clerk entered, Entry of Default, ECF No. 24. In asking this court to set aside the entry 8 of default, movants claim Willis requested the default “without any legal authority cited to do so,” 9 Stipulation at 2, and the clerk’s subsequent entry of default was incorrect in stating the request 10 was made by “Plaintiff,” see Entry of Default. While the clerk erred in labeling Willis as 11 “Plaintiff” and not defendant/counter-plaintiff, movants have not shown why Willis had no legal 12 authority to seek entry of default or why the clerk was not fundamentally in compliance with 13 Federal Rule of Civil Procedure 55 in granting the entry of default. See Fed. R. Civ. P Rule 55. 14 Movants may ask this court to set aside the entry of default for good cause, but they have not 15 shown good cause here. See id. Thus, the stipulated request to set aside the clerk’s entry of 16 default is denied without prejudice. 17 Movants also ask this court to grant third-party defendants an extension of 10 days after 18 entry of this order to respond to WSR’s third-party complaint. Stipulation at 3; Third Party 19 Complaint, ECF No. 92. Pursuant to Eastern District Local Rule 144(a), the parties have sought 20 approval of this stipulation by this court. 21 For the reasons stated, the court denies without prejudice movants’ request to set aside 22 the 2017 entry of default and grants movants’ request for an extension of time to respond to 23 WSR’s third-party complaint. Third-party defendants have fourteen days from the filing date 24 of this order to file responses to the third-party complaint. 25 26 IT IS SO ORDERED. DATED: January 19, 2023. 27 28 2

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