Rodgers v. Roic Pinole Vista, LLC et al

Northern District of California, cand-4:2015-cv-03447

ORDER re {{41}} Letter re default entry from Satinder Pahwa. The Court ORDERS the parties to meet and confer. Signed by Judge Maria-Elena James on 12/9/2015.

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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 JOHN RODGERS, 6 Case No. 15-cv-03447-MEJ Plaintiff, 7 ORDER RE: DEFENDANT SATINDEF v. PAHWA'S DEFAULT 8 ROIC PINOLE VISTA, LLC, et al., Re: Dkt. No. 39 9 Defendants. 10 11 12 On October 28, 2015, the Clerk of Court entered default against Defendant Satinder Northern District of California United States District Court 13 Pahwa, an individual dba Subway #28855 aka Subway Sandwiches & Salads. Dkt. No. 39. 14 However, Ms. Pahwa has now filed a letter stating that, other than the notice of entry of default, 15 she has not received any information about this case. Dkt. No. 41. Ms. Pahwa also states she 16 been out of the country in India and just returned on November 25, 2015. Id. 17 The Court construes Ms. Pahwa's letter as a request to set aside default pursuant to Federal 18 Rule of Civil Procedure 55(c), and finds that good cause likely exists to set aside default based on 19 her representations. However, any request to set aside default must be in the form of a noticed 20 motion pursuant to Civil Local Rule 7. Accordingly, the Court ORDERS Plaintiff John Rodgers 21 to meet and confer with Ms. Pahwa to determine whether they can reach an agreement to set aside 22 default and allow Ms. Pahwa to appear in this case. If so, the parties shall file a stipulation. If the 23 parties are unable to reach an agreement, Ms. Pahwa must file a motion to set aside default 24 pursuant to Federal Rule of Civil Procedure 55(c) and Civil Local Rule 7. 25 As it appears Ms. Pahwa is not represented by counsel, the Court advises her that she may 26 wish to seek assistance from the Legal Help Center, a free service of the Volunteer Legal Services 27 Program, by calling 415-782-8982, or by signing up for an appointment on the15th Floor of the 28 Federal Courthouse in San Francisco, 450 Golden Gate Avenue, San Francisco, California. At the 1 Legal Help Center, you will be able to speak with an attorney who may be able to provide basic 2 legal help but not representation. More information is available online at: 3 http://cand.uscourts.gov/helpcentersf. 4 Ms. Pahwa may also wish to obtain a copy of the district court's Handbook for Litigants 5 Without a Lawyer. It provides instructions on how to proceed at every stage of a case, including 6 discovery, motions, and trial. The handbook is available in person at the Clerk's Office and online 7 at: http://cand.uscourts.gov/prosehandbook. 8 IT IS SO ORDERED. 9 10 Dated: December 9, 2015 11 ______________________________________ MARIA-ELENA JAMES 12 United States Magistrate Judge Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 JOHN RODGERS, 4 Case No. 15-cv-03447-MEJ Plaintiff, 5 v. CERTIFICATE OF SERVICE 6 ROIC PINOLE VISTA, LLC, et al., 7 Defendants. 8 9 I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. 10 District Court, Northern District of California. 11 That on December 9, 2015, I SERVED a true and correct copy(ies) of the attached, by 12 placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by Northern District of California United States District Court depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery 13 receptacle located in the Clerk's office. 14 Satinder Pahwa 15 Subway 16 1502 Fitzgerald Dr. Pinole CA 94564 17 18 Dated: December 9, 2015 19 Richard W. Wieking Clerk, United States District Court 20 21 22 By: ___________________________ Chris Nathan, Deputy Clerk to the 23 Honorable MARIA-ELENA JAMES 24 25 26 27 28 3