Heifetz v. West San Carlos Court Apartments, LLC et al

Filing 16

ORDER TO SHOW CAUSE REGARDING MOTION FOR DEFAULT JUDGMENT. Re: Dkt. No. 13 . Heitz to file a brief not to exceed 10 pages addressing each of the seven Eitel factors by 10/4/2017. Signed by Judge Nathanael Cousins on 9/27/2017. (lmh, COURT STAFF) (Filed on 9/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHELBY GAIL HEIFETZ,
Plaintiff,

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United States District Court
Northern District of California

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v.
WEST SAN CARLOS COURT
APARTMENTS, LLC, et al.,

Case No. 17-cv-01451 NC
ORDER TO SHOW CAUSE
REGARDING MOTION FOR
DEFAULT JUDGMENT
Re: Dkt. No. 13

Defendants.
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Plaintiff Shelby Gail Heifetz filed a motion for default judgment against defendants

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West San Carlos Court Apartments, LLC, Rene Juarez, and Rhina Judith Juarez. Dkt. No.

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13. In her motion, Heifetz did not address the factors set forth by the Ninth Circuit in Eitel

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v. McCool to assist the Court in determining whether default judgment is warranted. 782

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F.2d 1470, 1471-72 (9th Cir. 1986). Those factors are: (1) the possibility of prejudice to

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the plaintiff; (2) the merits of the plaintiff’s substantive claim; (3) the sufficiency of the

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complaint; (4) the sum of money at stake in the action; (5) the possibility of a dispute

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concerning material facts; (6) whether the default was due to excusable neglect; and (7) the

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strong policy favoring decisions on the merits. Eitel, 782 F.2d at 1471-72.

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Thus, the Court ORDERS Heifetz to file with the Court a brief not to exceed 10
pages addressing each of the seven Eitel factors by October 4, 2017.
IT IS SO ORDERED.
Dated: September 27, 2017

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Case No. 17-cv-01451 NC

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NATHANAEL M. COUSINS
United States Magistrate Judge