Dipak Patel v. Sylvia Sicre

I. BACKGROUND

On May 7, 2021, Plaintiffs Dipak Patel and Shalu Corporation filed a Complaint against Sylvia Sicre (“Defendant”). (“Compl.,” Dkt. No. 1.) The Complaint alleges federal question jurisdiction for violations of federal civil rights under 42 U.S.C. §§ 1981 and 1982. (Id. ¶¶ 19-24.) The parties are all citizens of California. (Id. ¶¶ 3-7.)

Plaintiffs filed a request for entry of default on July 9, 2021. (Dkt. No. 11.) The clerk entered default on July 12, 2021. (Dkt. No. 12.) On October 28, 2021, Plaintiffs moved for default judgment. (Dkt. No. 16.) Defendant opposed the default judgment and filed a request to set aside default on November 23, 2021. (Dkt. No. 22.)

II. LEGAL STANDARD

“Federal courts are courts of limited jurisdiction, possessing only that power authorized by Constitution and statute.” Gunn v. Minton, 568 U.S. 257, 256 (2013). As such, federal courts only have original jurisdiction over civil actions in which (1) a federal question exists, or (2) complete diversity of citizenship between the parties exists and the amount in controversy exceeds $75,000. See 28 U.S.C. §§ 1331, 1332. A plaintiff properly invokes federal question…