National Medical Services, Inc. dba NMS Labs v. INDX Lifecare, Inc.

Filing 17

ORDER TO SHOW CAUSE REGARDING MOTION FOR DEFAULT JUDGMENT. Re: Dkt. No. 15 . National Medical to file with the Court a brief not to exceed 10 pages addressing each of the seven Eitel factors by 4/5/2017. Signed by Judge Nathanael Cousins on 3/27/2017. (lmh, COURT STAFF) (Filed on 3/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NATIONAL MEDICAL SERVICES,
INC.,

United States District Court
Northern District of California

Plaintiff,
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v.
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INDX LIFECARE, INC.,

Case No. 16-cv-04425 NC
ORDER TO SHOW CAUSE
REGARDING MOTION FOR
DEFAULT JUDGMENT
Re: Dkt. No. 15

Defendant.
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Plaintiff National Medical Services, Inc. filed a motion for default judgment against

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defendant INDX Lifecare, Inc. Dkt. No. 15. In its motion, National Medical did not

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address the factors set forth by the Ninth Circuit in Eitel v. McCool to assist the Court in

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determining whether default judgment is warranted. 782 F.2d 1470, 1471-72 (9th Cir.

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1986).

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Those factors are: (1) the possibility of prejudice to the plaintiff; (2) the merits of

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the plaintiff’s substantive claim; (3) the sufficiency of the complaint; (4) the sum of money

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at stake in the action; (5) the possibility of a dispute concerning material facts; (6) whether

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the default was due to excusable neglect; and (7) the strong policy favoring decisions on

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the merits. Eitel, 782 F.2d at 1471-72.

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Case No. 16-cv-04425 NC

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Thus, the Court ORDERS National Medical to file with the Court a brief not to
exceed 10 pages addressing each of the seven Eitel factors by April 5, 2017.

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IT IS SO ORDERED.

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Dated: March 27, 2017

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_____________________________________
NATHANAEL M. COUSINS
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 16-cv-04425 NC

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