Marivel Valdez v. Centennial Leasing LLC
Filing
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ORDER Granting Motion to Set Aside Default 28 and Denying Motion for Default Judgment as Moot 24 by Judge Otis D Wright II. Valdezs Motion to Set Aside Default is therefore GRANTED, and default is hereby set aside. Valdez shall have 21 days from the date of this Order to file an Answer or otherwise respond to Centennials counter-claim. Because the Court grants Valdezs Motion, Centennials pending Motion for Default Judgment 24 is DENIED AS MOOT. The May 21, 2012 hearing on both Motions is VACATED, and no appearances are necessary. (sch)
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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MARIVEL VALDEZ,
v.
Plaintiff,
CENTENNIAL LEASING LLC,
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Case No. 2:11-cv-10359-ODW (AJWx)
ORDER GRANTING MOTION TO
SET ASIDE DEFAULT [28] AND
DENYING MOTION FOR DEFAULT
JUDGMENT AS MOOT [24]
Defendant.
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Before the Court are Counter-Claimant Centennial Leasing LLC’s April 2, 2012
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Motion for Default Judgment against Counter-Defendant Marivel Valdez (ECF No.
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24) and Valdez’s April 23, 2012 Motion to Set Aside Default (ECF No. 28). For the
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following reasons, the Court GRANTS Valdez’s Motion and DENIES Centennial’s
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Motion as moot.
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As a threshold matter, Central District of California Local Rule 7-9 requires an
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opposing party to file an opposition to any motion at least 21 days prior to the date
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designated for hearing the motion. C.D. Cal. L.R. 7-9. Additionally, Local Rule 7-12
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provides that “[t]he failure to file any required paper, or the failure to file it within the
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deadline, may be deemed consent to the granting or denial of the motion.” C.D. Cal.
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L.R. 7-12. The hearing on Valdez’s Motion was set for May 21, 2012. Counter-
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claimant Centennial Leasing LLC’s opposition was therefore due by April 30, 2012.
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As of the date of this Order, Centennial has not filed an opposition, nor any other
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filing that could be construed as a request for a continuance. Centennial’s failure to
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oppose may therefore be deemed consent to the granting of Valdez’s Motion.
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Nevertheless, the Court has carefully considered Valdez’s arguments in support
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and finds her Motion to Set Aside Default supported by good cause, as required by
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Federal Rule of Civil Procedure 55(c). “The ‘good cause’ standard that governs
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vacating an entry of default under Rule 55(c) is the same standard that governs
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vacating a default judgment under Rule 60(b).”
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Huntington Rest. Group, Inc., 375 F.3d 922, 925 (9th Cir. 2004) (citation omitted).
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The district court’s discretion, however, is “especially broad” with respect to setting
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aside an entry of default, rather than a default judgment. See Mendoza v. Wight
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Vineyard Mgmt., 783 F.2d 941, 945 (9th Cir. 1986); Brady v. United States, 211 F.3d
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499, 504 (9th Cir. 2000).
Franchise Holding II, LLC v.
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The “good cause” analysis considers the following three, disjunctive factors: (1)
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whether Valdez engaged in culpable conduct that led to the default; (2) whether
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Valdez had a meritorious defense; or (3) whether setting aside the default would
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prejudice Centennial. See TCI Group Life Ins. Plan v. Knoebber, 244 F.3d 691, 696
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(9th Cir. 2001). The Court finds that Valdez has successfully established that her
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default was the result of excusable neglect, that she may have a meritorious defense to
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Centennial’s counterclaim, and that setting aside default would not prejudice
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Centennial. Valdez’s Motion to Set Aside Default is therefore GRANTED, and
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default is hereby set aside. Valdez shall have 21 days from the date of this Order to
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file an Answer or otherwise respond to Centennial’s counter-claim.
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Because the Court grants Valdez’s Motion, Centennial’s pending Motion for
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Default Judgment (ECF No. 24) is DENIED AS MOOT. The May 21, 2012 hearing
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on both Motions is VACATED, and no appearances are necessary.
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IT IS SO ORDERED.
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May 1, 2012
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____________________________________
HON. OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE
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