(PS) Aussieker v. Lee
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK AUSSIEKER, 2:19-cv-00365-JAM-CKD PS Plaintiff, v. ORDER TO SET ASIDE ENTRY OF
DEFAULT
KEVIN LEE, (ECF Nos. 18, 27, 28) Defendant. 16 Presently before the court are plaintiff Mark Aussieker’s motion for default judgment against defendant Kevin Lee, and defendant’s motion to set aside the Clerk’s entry of default against him. (ECF Nos. 27, 28.) Both parties are proceeding pro se. Oppositions were filed to both motions, along with defendant’s reply in support of his motion to set aside, and the motions were taken under submission without oral argument pursuant to Local Rule 230(g). (ECF Nos. 29-32.) For the reasons discussed below, the court DENIES plaintiff’s motion, GRANTS defendant’s motion, and orders defendant to respond to the operative complaint. BACKGROUND Plaintiff filed this suit on March 1, 2019, and filed an amended complaint on May 23, 2019. (ECF Nos. 1, 5.) Plaintiff’s amended complaint…