Martinez et al v. Aero Caribbean et al

Filing 87

ORDER RE LETTER FROM RICHARD STRATTON. Signed by Judge Alsup on June 9, 2014. (whalc1, COURT STAFF) (Filed on 6/9/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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LORENZO MENDOZA MARTINEZ,
ELIU MENDOZA, ELIEZER MENDOZA
MARTINEZ, and GLORIA MARTINEZ
MONTES,

No. C 11-03194 WHA

United States District Court
For the Northern District of California

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Plaintiffs,
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v.
ORDER RE LETTER FROM
RICHARD STRATTON

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AERO CARIBBEAN, EMPRESA
AEROCARIBBEAN S.A., CUBANA DE
AVIACION S.A., and AVIONS DE
TRANSPORT REGIONAL,

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Defendants.

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/
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Attorney Richard Stratton has written two letters to the Court stating that he may

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eventually file a motion for relief from the Clerk’s default herein against Aerocaribbean S.A.

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and Cubana De Aviacion S.A. but that his firm has not yet obtained a federal license to do

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business with said entities and due to backlogs within the agency, no estimate of when such a

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license will be obtained can be given. Moreover, his letters stated that the purpose of the

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motion would be to contest service of process and/or personal jurisdiction, not to defend on the

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merits (Dkt. Nos. 80, 82, 86).

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This is too little, too late. The service was accomplished long ago in this old case.

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The Cuban entities have had plenty of time to come forward and contest jurisdiction and

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service. They have waited until the eve of a default judgment to seek to go back to square one.

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If counsel were saying that the entities would appear and litigate on the merits, then the Court

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would be more sympathetic to a motion to set aside the default. But after all this time, it would
only reward gamesmanship to allow the Cuban entities to appear specially to contest

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jurisdiction and service. This is even more true since no motion has actually been filed by them

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and may not even be filed in the foreseeable future.

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Attorney Richard Stratton is an esteemed member of the bar of this Court and will surely

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appreciate that too little jurisdiction has been given for the Court to delay hearing the motion for

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entry of default judgment (Dkt. No. 85).

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IT IS SO ORDERED.

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Dated: June 9, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

United States District Court
For the Northern District of California

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