Maurice Hastings v. Grant Price

• Court: District Court, C.D. California
• Decided: March 20, 2024
• Docket: 2:23-cv-09684
• Status: Unknown

Opinion

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8 United States District Court 9 Central District of California

11 Maurice Hastings, Case № 2:23-cv-09684-ODW (AGRx)

12 Plaintiff, ORDER GRANTING MOTION TO 13 v. SET ASIDE DEFAULT [37] 14 Grant Price et al.,

15 Defendants.

16 17 18 Presently before the Court is Defendants Grant Price and Russell Enyeart’s 19 (“Defendants”) Motion to Set Aside the Clerk’s Entry of Default. (Mot. Set Aside 20 (“Motion” or “Mot.”), ECF No. 37.) After carefully considering the papers filed in 21 connection with the Motion, the Court deems the matter appropriate for decision 22 without oral argument and vacates the April 8, 2024 hearing. Fed. R. Civ. P. 78(b); 23 C.D. Cal. L.R. 7-15. 24 Central District of California Local Rule 7-9 requires an opposing party to file 25 an opposition to any motion at least twenty-one (21) days prior to the date designated 26 for hearing the motion. Additionally, Local Rule 7-12 provides that “[t]he failure to 27 file any required paper, or the failure to file it within the deadline, may be deemed 28 consent to the granting or denial of the motion.” See Ghazali v. Moran, 46 F.3d 52, 1 || 54 (9th Cir. 1995) (upholding district court’s dismissal of plaintiff's complaint based 2 || on plaintiff's failure to oppose motion as required by local rules). 3 The Court has considered Defendants’ Motion and supporting papers and finds 4|| that good cause supports setting aside Defendants’ default. Further, Defendants 5 || represent that Plaintiff does not oppose the Motion. Defendants set the Motion for 6 || hearing on April 8, 2024. Thus, Plaintiff's opposition was due by March 18, 2024. 7 || As of the date of this Order, Plaintiff has not filed an opposition, or any other filing 8 | that could be construed as a request for a continuance. Accordingly, the Court deems 9 || Plaintiff's failure to oppose as consent to granting the Motion. 10 The Court GRANTS Defendants’ unopposed motion to set aside the Clerk’s 11 || Entry of Default as to Grant Price and Russel Enyeart, (Mot., ECF No. 37), and 12 | VACATES the Clerk’s Entry of Default, dated January 31, 2024, (Default by Clerk, 13 | ECF No. 32). As to Defendant Price, Plaintiff shall effectuate proper service 14 || consistent with Rule 4 of the Federal Rules of Civil Procedure within thirty (30) days 15 || from the date of this order. As to Defendant Enyeart, he shall file the proposed 16 || answer within seven (7) days from the date of this order, consistent with the Court’s 17 || Local Rules. (See C.D. Cal. L.R. 15-1 (“[A] party who obtains leave of Court to file 18 || an amended pleading must promptly thereafter file the pleading approved by the Court 19 || as a separate document in the Court’s CM/ECF System.’).) 20 21 IT IS SO ORDERED. 22 23 March 20, 2024 24 NF. “A”

OTIS D. HT, I 7 UNITED STATES DISTRICT JUDGE