Opinion
Case No.: 2:14-cv-1329-JAD-NJK
06-26-2015
MARINA CALOVE, Plaintiff, v. NATIONSTAR MORTGAGE, LLC, Defendant.
Order Denying Motion to Vacate
(Doc. 19)
On October 17, 2014, I granted defendant Nationstar's motion to set aside the clerk's entry of default issued against it about a month earlier. I found that there was good cause under Rule 55: having simply misunderstood when its answer to the complaint would be due, Nationstar had not engaged in any "culpable conduct"; nor, I concluded, would reopening the case, which was still in its infancy, cause any prejudice; and most importantly, Nationstar had several meritorious defenses to assert.
See Docs. 8, 17.
See Doc. 17 (applying the three factors consider when determining good cause under Rule 55); see also Falk v. Allen, 739 F.2d 461 (9th Cir. 1984) (identifying the three factors courts should consider when determining good cause under Rule 55).
Plaintiff Marina Calove, who is proceeding pro se, now requests that I vacate my order. But she does not offer any argument or legal authority that might suggest I improperly used my discretion in that order to set aside the default against Nationstar. Nor does she address the high standard she must meet to be granted the "extraordinary remedy" of reconsideration. Only three bases exist for reconsideration: newly discovered evidence, clear error, and an intervening change in the controlling law. Calove identifies none of these. I therefore deny her motion to vacate.
See Doc. 19.
Carroll v. Nakatani, 342 F.2d 713, 715 (9th Cir. 2003).
389 Orange Street Partners v. Arnold, 179 F.3d 656, 665 (9th Cir. 1999). --------
Conclusion
Accordingly, IT IS HEREBY ORDERED that Marina Calove's Motion to Vacate (Doc. 19) is DENIED.
DATED June 26, 2015
/s/_________
Jennifer A. Dorsey
United States District Judge