Updike v. Marion County, Oregon, No. 6:2018cv01383 - Document 21 (D. Or. 2018)

Court Description: OPINION AND ORDER: Defendant's Motion to Set Aside the Default Judgment 14 is GRANTED. Signed on 12/5/2018 by Judge Ann L. Aiken. (ck)

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Updike v. Marion County, Oregon Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF OREGON EUGENE DIVISION DAYID UPDIKE, on behalf of himself: and for all others similarly situated, Case No. 6:18-cv-01383-AA OPINION & ORDER Plaintiffs, vs. MARION COUNTY, OREGON, Defendant. AIKEN, District Judge: On October 19, 2019 this Court issued an Order (doc. 12) granting plaintiff's Motion for Entry of Default (doc. 10), and on October 23, 2018, the clerk entered default as to defendant Marion County, Oregon (doc. 13). Now, defendant has filed a Motion to Set Aside the Default Order (doc. 14). A district court may set aside an entry of default for "good cause." Fed. R. Civ. P. 55(c). The good cause analysis considers three factors: "(I) whether the party seeking to set aside the default engaged in culpable conduct that led to the default; (2) whether it had no meritorious defense; or (3) whether reopening the default judgment would prejudice the other party." United States v. Signed Pers. Check No. 730 ofYubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (alterations normalized). "[J]udgement by default is a drastic step appropriate Page I - OPINION AND ORDER Dockets.Justia.com only in extreme circumstances; a case should, whenever possible, be decided on the merits." Falk v. Allen, 739 F.2d 461,463 (9th Cir. 1984). The Court has considered the factors under the good cause standard and finds that each weighs in favor of granting relief. This case does not present extreme circumstances that would make a default judgment appropriate. Accordingly, defendant's Motion to set Aside the Default Order (doc. 14) is GRANTED. IT IS SO ORDERED ,,.-./v] Dated this _0_' ,day of December 2018. Ann Aiken United States District Judge Page 2 - OPINION AND ORDER

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