Cline v. Etsy Inc et al

Filing 55

ORDER. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that 48 Defendant's Motion be, and the same hereby is, GRANTED. Signed by Judge James C. Mahan on 5/24/17. (Copies have been distributed pursuant to the NEF - MR)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 SANTANA CLINE, 8 Plaintiff(s), 9 10 Case No. 2:15-CV-2115 JCM (VCF) ORDER v. ETSY, INC., et al., 11 Defendant(s). 12 13 Presently before the court is defendant Brad Campen’s motion to set aside the clerk’s entry 14 of default.1 (ECF No. 48). No response was filed, and Campen has submitted a notice of non- 15 opposition highlighting that point. (ECF No. 54). 16 Federal Rule of Civil Procedure 55(c) authorizes the court to “set aside an entry of default 17 for good cause.” “The district court has discretion to determine whether a party demonstrates good 18 cause.” Yan v. Gen. Pot, Inc., 78 F. Supp. 3d 997, 1003 (N.D. Cal. 2015) (internal quotation marks 19 omitted) (citing Madsen v. Bumb, 419 F.2d 4, 6 (9th Cir. 1969)). 20 Defendant argues in his motion, inter alia, that “[p]laintiff [Santana Cline] never served or 21 attempted to personally serve the Amended Complaint on movant” and that the original complaint 22 was sent to an address where he has never resided. (ECF No. 48 at 3). Additionally, Campen 23 reveals his intention to contest the court’s personal jurisdiction over him in this matter. (Id.). 24 The local rules have the force of law. See United States v. Hvass, 355 U.S. 570, 574–575 25 (1958). Under Local Rule 7-2(d), “[t]he failure of an opposing party to file points and authorities 26 in response to any motion . . . constitutes a consent to the granting of the motion.” Therefore, 27 28 James C. Mahan U.S. District Judge Defendant indicates that his name is misrepresented on the docket as “Brad Campden.” (ECF No. 48). 1 1 plaintiff has constructively consented to this court’s setting aside the clerk’s entry of default 2 against Campen. 3 Accordingly, 4 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendant’s motion 5 6 (ECF No. 48) be, and the same hereby is, GRANTED. DATED May 24, 2017. 7 8 __________________________________________ 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 James C. Mahan U.S. District Judge -2-

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