Artec Group, Inc. v. Klimov, an Individual et al

Filing 315

ORDER by Judge Edward M. Chen denying without prejudice 310 Defendant's Administrative Motion for Permission to Oppose Plaintiff's Motion for Default Judgment; and vacating hearing on Plaintiff's Motion for Default Judgment. (emclc2, COURT STAFF) (Filed on 8/24/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARTEC GROUP, INC., 8 Plaintiff, 9 10 v. ANDREY KLIMOV, et al., Defendants. 12 For the Northern District of California United States District Court 11 Case No. 15-cv-03449-EMC ORDER DENYING WITHOUT PREJUDICE DEFENDANT’S ADMINISTRATIVE MOTION FOR PERMISSION TO OPPOSE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT; AND VACATING HEARING ON PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT Docket No. 310 13 14 Previously, default was entered against Defendant Axon Business Systems, LLC after its 15 counsel withdrew and Axon failed to hire a new attorney to represent it. See Docket No. 259 16 (notice). Plaintiff Artec Group, Inc. has now moved for a default judgment against Axon. In 17 response to the motion, Axon has asked for permission to file an opposition to Artec’s motion 18 (with the opposition being authored by its former counsel, Seyfarth Shaw LLP). Artec has 19 opposed Axon’s request for relief. 20 Having considered the parties’ submissions, the Court hereby rules as follows. Before 21 Axon may oppose Artec’s motion for default judgment, Axon must first move to set aside the 22 entry of default. See Newson v. Countrywide Home Loans, Inc., No. C 09-5288 SBA, 2013 U.S. 23 Dist. LEXIS 7381 (N.D. Cal. Jan. 17, 2013) (stating that “[t]he entry of default cuts off a 24 defendant’s right to appear in an action”; adding that defendant’s motion to dismiss was therefore 25 “improper” and the appropriate “remedy [was] to file a motion to set aside the entry of default”). 26 Axon has not done so and therefore the Court DENIES Axon’s motion for relief, but without 27 prejudice. 28 In order to afford Axon the opportunity of moving to set aside the entry of default, the 1 Court temporarily VACATES the hearing on Artec’s motion for default judgment. Axon shall 2 have one week from the date of this order to file a motion to set aside the entry of default.1 Artec 3 shall have one week thereafter to file an opposition. There shall be no reply. Absent further order 4 of the Court, the Court shall not hold a hearing on Axon’s motion to set aside the entry of default. This order disposes of Docket No. 310. 5 6 IT IS SO ORDERED. 7 8 9 Dated: August 24, 2017 ______________________________________ EDWARD M. CHEN United States District Judge 10 12 For the Northern District of California United States District Court 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Axon, if it wishes, may have counsel who previously represented it (Seyfarth Shaw) file a motion to set aside the entry of default on its behalf. Nothing precludes Axon from retaining Seyfarth Shaw for a limited representation. 2

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