Lucero v. Eureka Restaurant Group, LLC

AKERMAN LLP

ZOE J. BEKAS (SBN 288118) [email protected]

601 West Fifth Street, Suite 300

Los Angeles, CA 90071

Telephone: (213) 688-9500

Facsimile: (213) 627-6342

Attorneys for Defendant

EUREKA RESTAURANT GROUP, LLC

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

CHRISTOPHER LUCERO, individually Case No. 2:21-cv-02042-TLN-KJN and on behalf of all others similarly The Hon. Troy L. Nunley situated,

STIPULATION TO SET ASIDE Plaintiff, CLERK'S ENTRY OF DEFAULT; ORDER v.

Complaint filed: November 4, 2021 EUREKA RESTAURANT GROUP,

Trial Date: None

LLC, a Delaware Limited liability company; and DOES 1 to 10, inclusive,

Defendants.

TO THE HONORABLE COURT:

IT IS HEREBY STIPULATED by and between Plaintiff Christopher Lucero (“Plaintiff”) and Defendant Eureka Restaurant Group, LLC (“Defendant”), by and through their attorneys of record that the Clerk’s Entry of Default against Defendant (Document Number 6, dated December 1, 2021) is hereby set aside.

Pursuant to Federal Rule of Civil Procedure § 55 (c), the Court may set aside an entry of default for good cause. To determine “good cause” a court must “consider[ ] three factors: (1) whether [the party seeking to set aside the default] engaged in culpable conduct that led to the default; (2) whether [it] had [no] meritorious defense; or (3) whether reopening the default judgment would prejudice” the other party. United States v. Signed Pers. Check No. 730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010)

Good cause exists to set aside the default because Defendant was unaware of the lawsuit and Plaintiff has not been prejudiced. Defendant has now accepted service of the complaint.

Defendant will file the answer within 28 days, consistent with Local Rule 144.

IT IS SO STIPULATED.

Dated: December 8, 2021 WILSHIRE LAW GROUP

By: /s/ Binyamin I. Manoucheri (as authorized on 12/8/21)

Thiago M. Coelho

Binyamin I. Manoucheri

Attorneys for Plaintiff and Proposed Class

Dated: December 8, 2021 AKERMAN LLP

By /s/ Zoe J. Bekas Zoe J. Bekas

Attorneys for Defendant EUREKA RESTAURANT GROUP, LLC

IT IS SO ORDERED. ry /) “ Mn i) hokey Dated: December 8, 2021 — < Troy L. Nunley } United States District Judge

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