(PC) Hesse v. County of Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL HESSE, No. 2:21-cv-1931 WBS KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS COUNTY OF SACRAMENTO, et al., Defendants. 16 Plaintiff is a former county inmate, proceeding through counsel. Defendant Sanga’s fully- briefed motion to set aside default is before the court. As discussed below, it is recommended that the motion be granted Motion to Set Aside Clerk’s Default Legal Standard A court may set aside an entry of default for good cause. Rule 55(c). The party seeking relief from the entry of default bears the burden of showing good cause to set aside the entry of default. See Franchise Holding II, LLC v. Huntington Rests. Group, Inc., 375 F.3d 922, 926 (9th Cir. 2004) (reviewing district court’s set aside of default for abuse of discretion). A court considers three factors when examining good cause: “(1) whether [the party seeking to set aside the default] engaged in culpable conduct…