STEPHEN J. DONELL, Permanent Receiver for Learn Waterhouse, Inc., its subsidiaries v. Randy Teinert; Cathy Teinert

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEPHEN J. DONELL, Permanent
Receiver for Learn Waterhouse, Inc., its
subsidiaries and affiliates,
Plaintiff - Appellee,
v.
RANDY TEINERT; CATHY TEINERT,
Defendants - Appellants.
No. 11-56432
D.C. No. 3:10-cv-01444-W-CAB
MEMORANDUM*
Appeal from the United States District Court
for the Southern District of California
Thomas J. Whelan, District Judge, Presiding
Submitted May 14, 2013**
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Randy and Cathy Teinert appeal pro se from the district court’s judgment in
an action seeking avoidance and recovery of fraudulent transfers under California
law. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of
FILED
MAY 23 2013
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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discretion the district court’s denial of a motion to set aside entry of default.
United States v. Signed Personal Check No. 730 of Yubran S. Mesle, 615 F.3d
1085, 1091 (9th Cir. 2010). We vacate and remand.
In its order granting default judgment and denying the Teinerts’ motion to
set aside default, the district court “omitted any mention of the ‘extreme
circumstances’ requirement for judgment by default.” Id. at 1091. Its failure to do
so was an abuse of discretion. See id. at 1091-92 (absent such extreme
circumstances, judgment by default is inappropriate); see also id. at 1089 (“Our
rules for determining when a default should be set aside are solicitous towards
movants, especially those whose actions leading to the default were taken without
the benefit of legal representation.”).
Accordingly, we vacate the entry of default judgment and remand for
reconsideration in light of Signed Personal Check No. 730.
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
11-56432 2

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