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)

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-