Joe Hand Promotions, Inc. v. Cariaso et al

Filing 24

ORDER DENYING MOTION FOR DEFAULT JUDGMENT AND GRANTING MOTION TO SET ASIDE DEFAULT; AND SETTING CASE MANAGEMENT CONFERENCE FOR NOVEMBER 6, 2012 AT 3:00 P.M. 14 18 19 (Illston, Susan) (Filed on 10/23/2012)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

10
11
12
13
14
15

No. C 12-02706 SI

JOE HAND PROMOTIONS, INC.,
Plaintiff,
v.
CHRISTOPHER V. CARIASO, dba Fight and
Fitness, Inc.,
Defendant.

16

ORDER DENYING MOTION FOR
DEFAULT JUDGMENT AND
GRANTING MOTION TO SET ASIDE
DEFAULT; AND SETTING CASE
MANAGEMENT CONFERENCE FOR
NOVEMBER 6, 2012 AT 3:00 P.M.

/

17
Plaintiff’s motion for entry of default judgment and defendant’s motion to set aside default are
18
currently scheduled for hearing on November 2, 2012. Pursuant to Civil Local Rule 7-1(b), the Court
19
finds these matters appropriate for resolution without oral argument and hereby VACATES the hearing.
20
Having considered the papers submitted, and for good cause shown, the Court hereby DENIES the
21
motion for entry of default judgment and GRANTS the motion to set aside the default so that this matter
22
may be heard on its merits. The Court sets the next case management conference for Tuesday,
23
November 6, 2012 at 3:00 p.m.
24
This case was filed on May 25, 2012. Defendant Cariaso was served on July 17, 2012, but no
25
answer was filed. The clerk entered default on August 27, 2012. On September 20, 2012, plaintiff filed
26
a motion for entry of default judgment, and on September 27, 2012, defendant filed a motion to set aside
27
the default.
28
“[D]efault judgments are ordinarily disfavored. Cases should be decided upon their merits
whenever reasonably possible.” Eitel v. McCool, 782 F.2d 1470, 1472 (9th Cir. 1986). A court may

1

set aside entry of default under Federal Rule of Civil Procedure 55(c) for “good cause shown.”

2

Franchise Holding II, LLC v. Huntington Rests. Group, Inc., 375 F.3d 922, 925 (9th Cir. 2004). The

3

“good cause” analysis considers three disjunctive factors: (1) whether defendant engaged in cuplable

4

conduct that led to default; (2) whether defendant has a meritorious defense; or (3) whether plaintiff

5

would be prejudiced by setting aside the default. Id. at 926. Here, the Court finds that defendant

6

Cariaso has shown, in his declaration submitted in support of his pro se motion to set aside the default

7

(Docket No. 18-1), that he did not engage in culpable conduct with respect to the default, defendant may

8

have a meritorious defense, and plaintiff would not suffer prejudice if the default is set aside.
Accordingly, the Court denies plaintiff’s motion for default judgment and sets aside the default.

10
United States District Court
For the Northern District of California

9

The Court will hold a case management conference on Tuesday, November 6, 2012 at 3:00 p.m.

11
12

IT IS SO ORDERED.

13
14

Dated: October 23, 2012

15

SUSAN ILLSTON
UNITED STATES DISTRICT JUDGE

16
17
18
19
20
21
22
23
24
25
26
27
28
2