Andrade v. Arby's Restaurant Group, Inc. et al
Filing
75
ORDER SETTING CASE MANAGEMENT CONFERENCE ON APRIL 27,2016, 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 4/5/2016. (lmh, COURT STAFF) (Filed on 4/5/2016)
1
2
3
4
5
6
7
UNITED STATES DISTRICT COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9
10
Case No. 15-cv-03175 NC
United States District Court
Northern District of California
11
MIRIAM ANDRADE,
12
Plaintiff,
13
14
15
v.
ORDER SETTING CASE
MANAGEMENT CONFERENCE ON
APRIL 27, 2016, 1:00 P.M.
ALTAMIRA CORPORATION and PEDRO
MOTA,
Defendants.
16
17
18
19
20
21
22
23
24
25
26
27
28
In this employment action, plaintiff Andrade moves for default judgment against her
former employer Altamira Corporation and her former supervisor Pedro Mota. After Andrade
filed her motion, Mota filed a letter and accompanying declaration seeking to stop the imposition
of default judgment against him. Dkt. Nos. 70, 71. Mota states in his declaration that he did not
understand that he was supposed to come to court to defend himself, and that his employer
Altamira informed him that it was handling his defense. Dkt. No. 71 at 2. He asks for an update
of the case and help to understand how to defend himself. Id. at 3.
Andrade responded to Mota’s declaration on March 23, 2016. Dkt. No. 72. Andrade
states that she does not oppose “the denial of default judgment against Defendant Mota only at this
time.” Id. at 1 (emphasis in original).
Under Federal Rule of Civil Procedure 55(c), the Court may set aside an entry of default
1
for good cause. The Court sets a case management conference for April 27, 2016, at 1:00 p.m. in
2
Courtroom 7, 4th Floor, U.S. District Court, 280 South First Street, San Jose, California. Pedro
3
Mota must personally appear at the conference. At the case management conference, the Court
4
will consider whether Mota has established “good cause” to set aside the default against him.
5
The Court defers ruling on the default judgment against Altamira until it can determine
6
whether Mota will defend himself in the case. If Mota is defending himself, then there is a
7
“possibility of a dispute concerning material facts” against Altamira, which could preclude default
8
judgment. Eitel v. McCool, 782 F.2d 1470, 1471-72 (9th Cir. 1986).
9
Mota may wish to consult with the Federal Pro Se Program at the San Jose Courthouse,
which provides free information and limited-scope legal advice to pro se litigants in federal civil
11
United States District Court
Northern District of California
10
cases. The Federal Pro Se Program is available by appointment and on a drop-in basis. The
12
Federal Pro Se Program is available at Room 2070 in the San Jose United States Courthouse
13
(Monday to Thursday 1:00 – 4:00 pm, on Friday by appointment only), and The Law Foundation
14
of Silicon Valley, 152 N. 3rd Street, 3rd Floor, San Jose, CA (Monday to Thursday 9:00 am –
15
12:00 pm, on Friday by appointment only), or by calling (408) 297-1480.
16
IT IS SO ORDERED.
17
18
19
Dated: April 5, 2016
_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge
20
21
22
23
24
25
26
27
28
2
1
2
UNITED STATES DISTRICT COURT
3
NORTHERN DISTRICT OF CALIFORNIA
4
5
MIRIAM ANDRADE,
Case No. 15-cv-03175-NC
Plaintiff,
6
v.
CERTIFICATE OF SERVICE
7
8
9
10
United States District Court
Northern District of California
11
ARBY'S RESTAURANT GROUP, INC., et
al.,
Defendants.
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
12
13
14
15
16
That on April 5, 2016, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.
17
18
19
Petro Mota
82 No. Jackson Avenue., #8
San Jose, CA 95116
20
21
Dated: April 5, 2016
22
23
24
Susan Y. Soong
Clerk, United States District Court
25
26
27
By:________________________
Lili Harrell, Deputy Clerk to the
Honorable NATHANAEL M. COUSINS
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?