Lyuber

MEMORANDUM **

Robert Mudd and James Lawless appeal from the district court’s order setting aside the default judgment entered against defendants Lyuber and Ugoric and dismissing their copyright infringement action. We have jurisdiction under 28 U.S.C. § 1291 . We review for abuse of discretion. Eminence Capital v. Aspeon, Inc., 316 F.3d 1048, 1052 (9th Cir.2003) (dismissal with prejudice); Brady v. United States, 211 F.3d 499, 503-04 (9th Cir.2000) (reviewing decision to set aside default for abuse of discretion). We vacate and remand for further proceedings.

The district court abused its discretion by setting aside the default judgment as to Ugoric and dismissing the claims against her under Fed.R.Civ.P. 12(b)(5) without considering appellants’ proof of service showing Ugoric was timely served by a third-party service processor. Cf. Puett v. Blandford, 912 F.2d 270, 276 (9th Cir.1990) (finding district court abused its discretion by dismissing case based on insufficient service without considering all of the evidence of service submitted). The district court’s order does not articulate why the proof of service filed by a third-party service processor was insufficient to…