District Council 16 Northern California Health and Welfare Trust Fund, and its Joint Board of Trustees v. Lidini Company

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA

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7 DISTRICT COUNCIL 16 NORTHERN CALIFORNIA HEALTH AND WELFARE Case No. 17-cv-05985-PJH 8 TRUST FUND, AND ITS JOINT BOARD OF TRUSTEES, et al., 9 ORDER DENYING MOTION TO SET Plaintiffs, ASIDE DEFAULT 10 v. Re: Dkt. No. 55 11 LIDINI COMPANY, et al., 12 Defendants. 13

14 15 Before the court is defendant Lidini Co. and Ali Noureddini’s (“defendants”) motion 16 to set aside entry of default and judgment. The matter is fully briefed and suitable for 17 decision without oral argument. Having read the parties’ papers and carefully considered 18 their arguments and the relevant legal authority, and good cause appearing, the court 19 rules as follows. 20 On October 18, 2017, plaintiffs1 filed a complaint (“Compl.”) in this ERISA action 21 alleging one claim for violation of title 29 U.S.C. § 1145. Dkt. 1. Plaintiffs personally 22 served defendants’ agent for service of process on November 5, 2017. Dkt. 11. On 23 February 15, 2018, plaintiffs filed a request for…