Charman
Charman v. Sethi
Opinion
Trial Court Opinion
I. BACKGROUND
21 On November 6, 2023, Plaintiff Thane Charman (“Plaintiff”) initiated this action by 22 filing a Complaint. (ECF No. 1.) On November 17, 2023, Plaintiff filed the operative First 23 Amended Complaint. (ECF No. 6.) 24 On December 26, 2023, Defendant Hameet Sethi (“Defendant”) filed an Answer to 25 the Complaint. (ECF No. 11.) 26 On July 18, 2024, Plaintiff filed a Request to Enter Default Against Defendant 27 Hameet Sethi (ECF No. 23), because, since filing the Answer on December 26, 2023, 28 therefore, [is] now in default.” (ECF No. 23 ¶ 6.) On July 22, 2024, the Clerk of the Court entered default against Defendant Hameet Sethi. (ECF No. 24.) Plaintiff now moves to set aside the Entry of Default (ECF No. 24) as to Defendant and file a second amended complaint. (ECF No. 25.) II. SETTING ASIDE ENTRY OF DEFAULT “The court may set aside an entry of default for good cause.” Fed. R. Civ. P. 55(c); see also Curry v. Jensen, 523 F.2d 387, 388 (9th Cir. 1975) (“Absent an abuse of discretion, there is no error in setting aside a default where the judge finds good cause to do so.”) (citing Lau Ah Yew v. Dulles, 236 F.2d 415 (9th Cir.…