Wood v. County of Contra Costa et al
Filing
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ORDER DENYING PLAINTIFF'S REQUEST FOR ENTRY OF DEFAULT JUDGMENT AGAINST DEFENDANT ERICA BAINS. Signed by Judge Maxine M. Chesney on October 4, 2019. (mmclc1, COURT STAFF) (Filed on 10/4/2019)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ANDREA WOOD,
Plaintiff,
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United States District Court
Northern District of California
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Case No. 19-cv-04266-MMC
v.
COUNTY OF CONTRA COSTA, et al.,
ORDER DENYING PLAINTIFF'S
REQUEST FOR ENTRY OF DEFAULT
JUDGMENT AGAINST DEFENDANT
ERICA BAINS
Defendants.
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The Court is in receipt of a document titled "Default Judgment – By the Court,"
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filed September 17, 2019, by plaintiff Andrea Wood ("Wood"). In said filing, Wood seeks
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entry of default judgment against defendant Erica Bains ("Bains"). Having read and
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considered Wood's request, the Court rules as follows.
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Bains was served with a copy of the summons and complaint on August 17, 2019
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(see Doc. No. 12), and, consequently, her response to the complaint was due no later
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than Monday, September 9, 2019. See Fed. R. Civ. P. 12(a); Fed. R. Civ. P. 6(a)(1). On
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September 17, 2019, at 3:41 p.m., Bains electronically filed a motion to dismiss (see Doc.
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No. 34); that same date, Wood manually filed her request for default judgment, by
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delivering it to the Clerk of Court; the time at which she did so is not specified on the
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docket (see Doc. No. 36). As set forth below, irrespective of the chronological order in
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which the above two documents were filed, the Court finds entry of default judgment is
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not appropriate.
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First, if Wood manually filed her request after 3:41 p.m., i.e., after Bain's motion to
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dismiss was filed, Bains would have already "cured [her] default," a factor weighing
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strongly against entry of default judgment. See Hudson v. North Carolina, 158 F.R.D. 78,
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80 (E.D. N.C. 1994) (denying motion for default judgment, where motion to dismiss, albeit
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untimely, was filed by defendant prior to plaintiff's filing motion for default judgment).
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Second, even if Wood manually filed her request prior to 3:41 p.m., the
circumstances presented here do not warrant entry of default judgment. "[J]udgment by
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default is a drastic step appropriate only in extreme circumstances." Falk v. Allen, 739
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F.2d 461, 463 (9th Cir. 1984). Bains filed her motion to dismiss only eight days after the
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deadline to respond, and Wood has not identified any prejudice she incurred by reason of
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such limited delay. See Mitchell v. Williamson Tobacco Corp., 294 F.3d 1309, 1316-17
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(11th Cir. 2002) (affirming denial of motion for default judgment; finding no "exceptional
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circumstances" to warrant default judgment existed where defendant had filed motion to
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United States District Court
Northern District of California
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dismiss "a short time after the deadline" and plaintiff failed to show any prejudice
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thereby).
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Accordingly, Wood's request for entry of default judgment is hereby DENIED.
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IT IS SO ORDERED.
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Dated: October 4, 2019
MAXINE M. CHESNEY
United States District Judge
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