Zweig

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

6 7 DAVID ZWEIG, an individual 8 Plaintiff, No. C 17-05624 WHA v. YOSI, INC., a New York corporation, ORDER DENYING MOTION

TO SET ASIDE ENTRY OF

Defendant. DEFAULT JUDGMENT / 12 This order holds that defendant Yosi., Inc. did not file its motion to set aside final judgment within a reasonable time under Rule 60(c) and failed to demonstrate excusable neglect under Rule 60(b). Its motion to set aside default judgment is DENIED. Defendant Yosi, Inc. is a corporation that licenses a software application to hospitals and medical-care facilities. Yosi hired plaintiff David Zweig as its chief strategy officer in September 2016. As part of Zweig’s job, he marketed and attempted to sell Yosi’s software application licenses to doctors in California (Prasad Aff. ¶¶ 1, 4; Zweig Decl. ¶¶ 2, 6) (Dkt. Nos. 35-1; 41-2). Yosi and Zweig executed an employment agreement. Per the agreement, Zweig’s primary business office and normal place of work was in Piedmont, California, and his base salary…