Boards of Trustees of Sheet Metal Workers Local 104 Health Care Plan et al v. Bay Area Balancing and Cleanrooms, Inc.

Filing 34

ORDER by Judge Haywood S. Gilliam, Jr. Denying 33 Stipulation to Set Aside Clerk's Entry of Default. (ndr, COURT STAFF) (Filed on 2/18/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BOARDS OF TRUSTEES OF SHEET
METAL WORKERS LOCAL 104 HEALTH
CARE PLAN, et al.,
Plaintiffs,

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v.

United States District Court
Northern District of California

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ORDER DENYING REQUEST TO SET
ASIDE ENTRY OF DEFAULT
Re: ECF No. 33

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Case No. 14-cv-01739-HSG

BAY AREA BALANCING AND
CLEANROOMS, INC.,
Defendant.
On February 17, 2015, the parties filed a joint stipulation and proposed order to set aside

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the clerk’s entry of default in this case. The parties propose that Bay Area Balancing and

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Cleanrooms, Inc. answer or otherwise respond to the complaint within 30 days of the requested

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order setting aside the entry of default.

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Under Rule 55 of the Federal Rules of Civil Procedure, a court may set aside an entry of

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default upon a showing of “good cause.” Fed. R. Civ. P. 55(c). The parties have not attempted to

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satisfy the “good cause” requirement here. Accordingly, the parties’ requested relief is DENIED.

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If the parties renew their request to set aside the default, they must provide a sufficient basis for

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the Court to conclude that “good cause” supports the request, as required by Federal Rule of Civil

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Procedure 55. See Brandt v. Amer. Bankers Ins., 653 F.3d 1108, 1111 (9th Cir. 2011) (listing

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three factors considered in determining whether “good cause” exists under Rule 55(c)).

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IT IS SO ORDERED.

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Dated: February 18, 2015
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HAYWOOD S. GILLIAM, JR.
United States District Judge