Nellie Casillas v. Costco Wholesale Corporation, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Anthony J. Battaglia (author)
Analysis
Defendant Costco Wholesale Corporation filed an Answer after the Clerk of Court had already entered a default against it for failing to respond to the Complaint within the time allowed. The Court struck the Answer, holding that Costco was precluded from participating in the case until it moved to set aside the entry of default under Rule 55(c).
| What the court decided | The model |
|---|---|
Defendant Costco Wholesale Corporation's Answer is stricken.“Accordingly, Costco’s Answer is STRICKEN.” | agree with court The court correctly applied the procedural consequence of an entry of default. Under Federal Rule of Civil Procedure 55(a), once default is entered, the defendant's right to plead is generally suspended. The order correctly identifies that the defendant's remedy is to move to set aside the default under Rule 55(c), not to file a late answer. The court's reliance on district court precedent (Wahoo, Transamerica, Joe Hands) supports the proposition that a party in default is precluded from participating until the default is lifted. The decision follows logically from the facts recited (default entered before answer filed) and the cited rules. |
The order itself: sound — The order is procedurally sound. It correctly identifies the timeline (default entered before answer filed) and applies the standard consequence of default under Rule 55. It correctly cites the rule that the defendant must move to set aside default rather than simply filing a late answer. The citations are to district court orders and one older circuit case, which are appropriate for this procedural matter. There are no significant gaps in reasoning for a simple order striking a late-filed pleading after default.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 NELLIE CASILLAS, Case No.: 26-cv-01605-AJB-SBC 12 Plaintiff, ORDER STRIKING ANSWER 13 v. 14 COSTCO WHOLESALE (Doc. No. 8) CORPORATION, et al., 15 Defendants. 16 17 18 Before the Court is Defendant Costco Wholesale Corporation’s (“Costco”) Answer 19 (Doc. No. 8) to Plaintiff Nellie Casillas’ (“Casillas”) Complaint (Doc. No. 1-2 at 2–5). 20 Costco removed this action to this Court on March 13, 2026. (Doc. No. 1.) However, 21 Costco failed to respond to the Complaint by the morning of March 30, 2026, more than a 22 week after its response was due by March 20, 2026. (See Doc. No. 6.) The Court 23 accordingly directed the Clerk of Court to enter default against Costco. (Id.) The Clerk of 24 Court then entered default against Costco. (Doc. No. 7.) Costco filed its Answer afterwards. 25 (Doc. No. 8.) 26 “When a party against whom a judgment for affirmative relief is sought has failed 27 to plead or otherwise defend, and that failure is shown by affidavit or otherwise, the clerk 28 must enter the party’s default.” Fed. R. Civ. P. 55(a) (emphasis added). “Entry of default 1 ||cuts off a defendant’s rights to appear in the action, file counterclaims, and present a 2 defense.” Wahoo Int’l, Inc. v. Phix Doctor, Inc., No. 13-cv-01395-GPC-BLM, 2014 WL 3 ||5465373, at *2 n.1 (S.D. Cal. Oct. 28, 2014) (citing Clifton v. Tomb, 21 F.2d 893, 897 (4th 4 ||Cir. 1927)). “A defendant’s remedy if a defendant wants to set aside default ... is for the 5 || defendant to file a motion to set aside entry of default pursuant to Rule 55(c) of the Federal 6 Rules of Civil Procedure.” Transamerica Life Ins. Co. v. Shubin, No. 11-cv-01958-LJO- 7 || SKO, 2012 WL 5364645, at *2 (E.D. Cal. Oct. 31, 2012) (citation omitted). “[A] party in 8 default is generally precluded from participating in the case until the entry of default has 9 || been set aside.” Joe Hands Prods., Inc. v. Estrada, No. 10-cv-02165-OWW-SKO, 2011 10 || WL 1232606, at *1 n.1 (E.D. Cal. Mar. 31, 2011), adopted 2011 WL 1557876 (E.D. Cal. 11 || Apr. 25, 2011). 12 As noted above, the Clerk of Court entered default against Costco before Costco 13 || filed its Answer. (Doc. Nos. 7; 8.) Costco has not moved to lift the entry of default. It is 14 |/accordingly precluded from “participating in the case.” Joe Hands, No. 10-cv-02165- 15 |} OWW-SKO, 2011 WL 1232606, at *1 n.1; see also Oliver v. All-Pro Bail Bonds, Inc., No. 16 || 17-cv-01294-AJB-NLS, 2017 WL 11421541, at *1 (S.D. Cal. Aug. 16, 2017). Thus, if 17 || Costco wishes to defend against the action, its only recourse is to seek to set aside the entry 18 || of default. 19 Accordingly, Costco’s Answer is STRICKEN. 20 IT IS SO ORDERED. 21 ||Dated: April 2, 2026 23 United States District Judge 24 25 26 27 28