Cameron Shaw v. Sue's Place LLC, et al.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CAMERON SHAW, Case No. 25-cv-04326-TSH

8 Plaintiff, ORDER STRIKING OPPOSITION TO 9 v. MOTION FOR DEFAULT JUDGMENT

10 SUE'S PLACE LLC, et al., Re: Dkt. No. 20 11 Defendants.

12 13 Plaintiff Cameron Shaw filed this disability rights case on May 20, 2025. ECF No. 1. 14 After Defendants failed to respond, Plaintiff sought and received an entry of default. ECF No. 12. 15 On March 5, 2026, Plaintiff filed a motion for default judgment. ECF No. 19. Defendants have 16 now filed an opposition. ECF No. 20. However, once default has been entered, a defendant’s 17 right to appear in the action is cut off. See, e.g., Cohen v. Murphy, 2004 WL 2779942, at *1 (N.D. 18 Cal. Apr. 20, 2004) (citing Clifton v. Tomb, 21 F.2d 893, 897 (4th Cir. 1927) (When a party is in 19 default, “the party himself has lost his standing in court, cannot appear in any way, cannot adduce 20 any evidence, and cannot be heard at the final hearing.”)); MKay, Inc. v. City of Huntington Park, 21 2017 WL 10574460, at *3 (C.D. Cal. Aug. 21, 2017); Wahoo Int’l, Inc. v. Phix Dr., Inc., 2014 WL 22 5465373, at *2 n.1 (S.D. Cal. Oct. 28, 2014). Thus, Defendants must first move to set aside the 23 default pursuant to Federal Rule of Civil Procedure 55(c) before proceeding any further in this 24 case. 25 As it was improperly filed, the Court STRIKES Defendants’ opposition (ECF No. 20). 26 The Court ORDERS the parties to meet and confer by March 24, 2026 to determine whether they 27 can stipulate to set aside default and proceed on the merits. If so, the parties shall file a stipulation ] “Judgment by default is a drastic step appropriate only in extreme circumstances; a case should, 2 || whenever possible, be decided on the merits.” United States v. Signed Pers. Check No. 730 of 3 Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (simplified). If the parties are unable to 4 || stipulate to set aside default, Defendants shall instead file a motion to set aside default by April 2, 5 || 2026. Pending resolution of this matter, the hearing and briefing deadlines for Plaintiff's motion 6 || for default judgment are VACATED. 7 IT IS SO ORDERED. 8 9 Dated: March 17, 2026

THOMAS S. HIXSON United States Magistrate Judge a 12

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