Vogel

I. INTRODUCTION

16 On April 8, 2024, Defendant Esperanza Vargas Vogel (“Defendant”) filed a motion to set 17 aside (Doc. 59), which is set for hearing on May 29, 2024 (Doc. 61). On April 26, 2024, the 18 undersigned ordered Defendant to show cause why the Court has jurisdiction over her motion to 19 set aside under Fed. R. Civ. P. 60. (Doc. 62.) Defendant did not file a response to the order to 20 show cause, and the deadline to do so has passed. 21 The matter is deemed suitable for decision without oral argument pursuant to E.D. Cal. 22 Local Rule 230(g), and the hearing set for May 29, 2024, will be vacated. For the reasons 23 discussed below, the undersigned shall discharge the order to show cause and shall recommend 24 that Defendant’s motion to set aside be dismissed for lack of jurisdiction, as it is untimely. 25

II. LEGAL STANDARD

26 Defendant’s motion seeks to set aside “entry of default” against her pursuant to Fed. R. 27 Civ. P. 55(c). (See Doc. 59.) However, default judgment was entered against Defendant on 28 1 December 22, 2022. (Doc. 53.) “Once default judgment has been entered, relief is governed by 2 [Fed. R. Civ. P.] 60(b),” not Rule 55(c). …