(PS) Mehl v. Zip Capital Group, LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 GAVIN MEHL, No. 2:20-cv-02099 TLN AC Plaintiff, v. FINDINGS AND RECOMMENDATIONS ZIP CAPITAL GROUP, LLC, Defendant. 16 This matter is before the court on plaintiffs’ motion for default judgment (ECF No. 13) and defendant’s counter-motion to set aside default (ECF No. 15). These motions were referred to the undersigned pursuant to E.D. Cal. R. 302(c)(19). Finding no hearing necessary, the matters were taken under submission by the court. ECF No. 14. For the reasons stated below, the court recommends defendant’s motion to set aside default be GRANTED and plaintiff’s motion for default judgment be DENIED as moot. 23 Defendant properly combined its counter-motion to vacate the entry of default with its opposition to plaintiff’s motion for default judgment. ECF No. 15. However, defendant also improperly attempted to include a motion to dismiss and a motion to stay in the same document. 25 Id. The latter motions were not…