McKenna v. Monarch Recovery Management, Inc.

Filing 11

ORDER Granting 10 Joint Motion to Set Aside Default. The court finds that good cause exists and sets aside the Clerk's entry of default. Signed by Judge Jeffrey T. Miller on 4/19/2017. (rlu)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MARGARET A. MCKENNA,
individually and on behalf of all others
similarly situated,

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Case No.: 17cv223 JM (BLM)
ORDER GRANTING JOINT
MOTION TO SET ASIDE DEFAULT

Plaintiff,

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v.

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MONARCH RECOVERY
MANAGEMENT, INC.,

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Defendant.

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On April 18, 2017, Plaintiff Margaret McKenna and Defendant Monarch Recovery

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Management, Inc. (“MRM”) filed a joint motion, (Doc. No. 10), to set aside the Clerk’s

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entry of default against MRM, (Doc. No. 9). Federal Rule of Civil Procedure 55(c)

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provides that a “court may set aside an entry of default for good cause.” To determine

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whether good cause exists, the court considers: (1) whether the party against whom

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default was entered “engaged in culpable conduct that led to the default”; (2) whether that

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party had a meritorious defense; or (3) “whether reopening the default judgment would

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prejudice the other party.” United States v. Signed Pers. Check No. 730 of Yubran S.

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Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010).

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Here, the parties agree that MRM did not engage in culpable conduct that led to the
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17cv223 JM (BLM)

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default and that Plaintiff would not be prejudiced by setting aside the default.

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Accordingly, the court finds that good cause exists and sets aside the Clerk’s entry of

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default.

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IT IS SO ORDERED.

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DATED: April 19, 2017
JEFFREY T. MILLER
United States District Judge

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17cv223 JM (BLM)