Watson et al v. Soldado Corporation et al

Filing 58

ORDER RENEWING BRIEFING SCHEDULE ON MOTION TO SET ASIDE DEFAULT. Signed by Judge Jeffrey S. White on 5/20/11. (jjoS, COURT STAFF) (Filed on 5/20/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ALAN J WATSON, ET AL.,

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For the Northern District of California

United States District Court

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Plaintiffs,

No. C 10-01394 JSW

v.
SOLDADO CORPORATION, ET AL.,

ORDER RENEWING BRIEFING
SCHEDULE ON MOTION TO SET
ASIDE DEFAULT

Defendants.
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On December 3, 2010, Plaintiffs filed a request for entry of default against Defendants

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Brian J. Engel (“Engel”), BJE, Inc., and JC Funding Solutions, Inc. On December 6, 2010,

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default was entered against those Defendants.

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On December 13, 2010, Defendant Engel filed an Answer to Complaint. On January 31,

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2011, Engel filed a motion to set aside default on the following grounds: “excusable neglect

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caused the delay in [filing] an answer to plaintiff’s complaint; defendant has a good and

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meritorious defense to the claim for relief alleged; defendant filed a timely answer to the

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plaintiff’s complaint but in a form that may not have been acceptable to the Court; defendant

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subsequently filed an answer to plaintiff’s complaint in a form that should have been acceptable

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to the Court.” (Doc. no. 53.)

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Federal Rule of Civil Procedure 55(c) provides that “[t]he court may set aside an entry

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of default for good cause.” By Order entered February 22, 2011, the Court ordered Defendant

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Engel to file an affidavit setting forth the factual basis for the “excusable neglect” causing the

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delay in responding to the complaint or other grounds for setting aside the default, to

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demonstrate whether good cause exists to set aside the default. The Court ordered Defendant

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Engel to file the supporting affidavit by no later than March 15, 2011.

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Upon review of the docket, the Court determines that Defendant Engel was not served a

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copy of the February 22, 2011 Order. The Court therefore renews briefing on the motion to set

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aside entry of default. Defendant Engel must file an affidavit to demonstrate good cause

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pursuant to Rule 55(c) by June 17, 2011. Plaintiffs may file a response within one week of the

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filing of Engel’s affidavit, but no later than June 24, 2011, on which date the Court will take the

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matter under submission.

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IT IS SO ORDERED.

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For the Northern District of California

United States District Court

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Dated:May 20, 2011
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ALAN J WATSON et al,

Case Number: CV10-01394 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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SOLDADO CORPORATION et al,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on May 20, 2011, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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BJE Inc
16 4410 W Lake harriet partkway, #200
Minneapolis, MN 55410
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JC Funding Solutions Inc
18 Prado Verde 1347
Los Mochis Sinaloa,
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Brian J. Engel
20 4410 W Lake Harriet Parkway #200
Minneapolis, MN 55410
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22 Jose Israel Castillo Robles
Prado Verde 1347
23 Los Mocis Sinaloa,
24 Dated: May 20, 2011
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk