Ng v. Amguard Insurance Company

Background

Defendant Eberl filed a letter asking the court to take three actions: treat Eberl’s motion to dismiss the First Amended Complaint as moot and allow a new motion addressing the Second Amended Complaint; permit Eberl to file that new motion by October 31, 2025; and vacate the Clerk’s Certificate of Default entered against Eberl.

The Certificate of Default had been entered against Eberl and North American Risk Services (NARS) on October 23, 2025, based on their failure to respond on time to the Second Amended Complaint, which had been served on October 3, 2025.

Rulings

The court granted Eberl’s first two requests. It directed the Clerk of Court to close the motion filed at Doc. 65 and permitted Eberl to file a new motion to dismiss by October 31, 2025.

The court did not yet rule on Eberl’s request to vacate the default. It explained that under Federal Rule of Civil Procedure 55(c), a party may ask to set aside an entry of default by showing good cause. Courts generally consider whether the default was willful, whether the party has a potentially valid defense, and whether setting aside the default would prejudice the opposing party. The court stated that there did not appear to be willfulness, a lack of a meritorious defense, or prejudice, but decided to receive additional briefing before ruling.

The court ordered Brian Ng and NARS to file their positions, if any, on vacating the default by November 4, 2025. The opinion refers to the matter both as the Clerk’s Certificate of Default and, later, as the Clerk’s Default Judgment; it does not explain the difference or clarify whether a default judgment had actually been entered.

Effect of the Order

This order allows Eberl to replace its earlier motion to dismiss with a new motion directed at the Second Amended Complaint. It leaves the request to remove the default unresolved pending submissions from Ng and NARS.