The opinion of the court was delivered by: Honorable Christina A. Snyder, U.S. District Judge
Present: The Honorable CHRISTINA A. SNYDER, U.S. DISTRICT JUDGE
Deputy Clerk Court Reporter / Recorder Tape No. Attorneys Present for Plaintiffs: Attorneys Present for Defendants:
N/A N/A Proceedings: (In Chambers:) Ex Parte Application to Set Aside Default
Judgment and Related Relief (filed 08/15/2011)
INTRODUCTION AND BACKGROUND
The Court finds this motion appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15.
On July 3, 2008, plaintiff Ramin Delavari ("plaintiff") filed a complaint in this Court against defendants Hanson Nguyen ("Nguyen"); ValueMD, LLC ("ValueMD"); and DOES 1 to 10 (collectively, "defendants"). The complaint alleges claims for (1) defamation/slander per se, (2) permanent injunction and (3) intentional infliction of emotional distress.
On February 26, 2009 and May 15, 2009, plaintiff filed requests for the clerk to enter defaults against defendants. The clerk denied both requests and gave plaintiff notice of deficiencies in plaintiff's proof of service. On August 29, 2009, plaintiff filed a third request for the clerk to enter defaults against defendants. On July 1, 2009, the clerk entered default as to Nguyen. On July 2, 2009, the clerk entered default as to ValueMD.
On October 15, 2009, plaintiff filed a motion for entry of default judgment against Nguyen and Value MD. On November 16, 2009, a hearing was held on plaintiff's motion. Defendants did not appear at the hearing and the Court ordered plaintiff to submit a supplemental brief. Plaintiff's supplemental brief was filed on December 8, 2009. On January 5, 2010, the Court granted plaintiff's motion for entry of default judgment, awarding plaintiffs $150,000 in damages against defendants, jointly and severally.
On August 15, 2011, defendants filed the instant ex parte application to set aside the default judgment. On September 7, 2011, plaintiff filed an opposition to the ex parte application. On September 9, 2011, defendants filed their reply. ...