Dozier
Dozier v. Gasco Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LEE DOZIER, Case No. 1:23-cv-00606-JLT-HBK Plaintiff, ORDER SETTING ASIDE CLERK’S
DEFAULT AND RESCHEDULING INITIAL
v. SCHEDULING CONFERENCE GASCO INC., (Doc. Nos. 6, 7) Defendant. 16 17 Pending before the Court is the parties’ joint motion to set aside the Clerk’s entry of default filed July 18, 2023. (Doc. No. 7). Plaintiff filed the Complaint on April 19, 2023. (Doc. No. 1). Proof of Summons was filed on May 8, 2023, indicating service was effectuated on May 6, 2023. (Doc. No. 4). Plaintiff moved for clerk’s entry of default under Fed. R. Civ. P. 55(a) on June 7, 2027, after Defendant failed to timely respond to the Complaint. (Doc. No. 5). The same day, the Clerk entered a default. (Doc. No. 6). A court may set aside an entry of default for good cause. Fed. R. Civ. P. 55(a). Where it is an entry of default—rather than a default judgment—that a party seeks to have set…