Lucero v. Eureka Restaurant Group, LLC ( 2021 )


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  • 1 AKERMAN LLP ZOE J. BEKAS (SBN 288118) 2 zoe.bekas@akerman.com 601 West Fifth Street, Suite 300 3 Los Angeles, CA 90071 Telephone: (213) 688-9500 4 Facsimile: (213) 627-6342 5 Attorneys for Defendant EUREKA RESTAURANT GROUP, LLC 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 CHRISTOPHER LUCERO, individually Case No. 2:21-cv-02042-TLN-KJN 10 and on behalf of all others similarly The Hon. Troy L. Nunley situated, 11 STIPULATION TO SET ASIDE Plaintiff, CLERK'S ENTRY OF DEFAULT; 12 ORDER v. 13 Complaint filed: November 4, 2021 EUREKA RESTAURANT GROUP, Trial Date: None 14 LLC, a Delaware Limited liability company; and DOES 1 to 10, inclusive, 15 Defendants. 16 17 18 19 20 21 22 23 24 25 26 27 1 TO THE HONORABLE COURT: 2 IT IS HEREBY STIPULATED by and between Plaintiff Christopher Lucero 3 (“Plaintiff”) and Defendant Eureka Restaurant Group, LLC (“Defendant”), by and 4 through their attorneys of record that the Clerk’s Entry of Default against Defendant 5 (Document Number 6, dated December 1, 2021) is hereby set aside. 6 Pursuant to Federal Rule of Civil Procedure § 55 (c), the Court may set aside an 7 entry of default for good cause. To determine “good cause” a court must “consider[ ] 8 three factors: (1) whether [the party seeking to set aside the default] engaged in culpable 9 conduct that led to the default; (2) whether [it] had [no] meritorious defense; or (3) 10 whether reopening the default judgment would prejudice” the other party. 11 United States v. Signed Pers. Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 12 (9th Cir. 2010) 13 Good cause exists to set aside the default because Defendant was unaware of the 14 lawsuit and Plaintiff has not been prejudiced. Defendant has now accepted service of 15 the complaint. 16 Defendant will file the answer within 28 days, consistent with Local Rule 144. 17 18 IT IS SO STIPULATED. 19 20 Dated: December 8, 2021 WILSHIRE LAW GROUP 21 22 By: /s/ Binyamin I. Manoucheri (as authorized 23 on 12/8/21) Thiago M. Coelho 24 Binyamin I. Manoucheri 25 Attorneys for Plaintiff and Proposed Class 26 27 1 || Dated: December 8, 2021 AKERMAN LLP 2 3 By /s/ Zoe J. Bekas 4 Zoe J. Bekas Attorneys for Defendant 5 EUREKA RESTAURANT GROUP, LLC 6 7 8 IT IS SO ORDERED. ry /) 10 “ Mn i) hokey Dated: December 8, 2021 — < 11 Troy L. Nunley } United States District Judge “18 19 20 21 22 23 24 25 26 27 28

Document Info

Docket Number: 2:21-cv-02042

Filed Date: 12/9/2021

Precedential Status: Precedential

Modified Date: 6/19/2024