Allison Partners, LLC v. Gosier Holdings, LLC et al

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3:25-cv-00680-WQH-JLB
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
ALLISON PARTNERS, LLC,
Plaintiff,
v.
GOSIER HOLDINGS, LLC;
FILMHEDGE, LLC; SOUTHBOX
CAPITAL, LLC; and SOUTHBOX
ENTERTAINMENT, LLC,
Defendants.
Case No.: 3:25-cv-00680-WQH-JLB
ORDER
HAYES, Judge:
On March 24, 2025, Plaintiff Allison Partners, LLC (“Plaintiff”) filed a Complaint
against Defendants Gosier Holdings, LLC (“Gosier”); FilmHedge, LLC (“FilmHedge”);
Southbox 	Capital, 	LLC 	(“Southbox 	Capital”); 	and 	Southbox 	Entertainment, 	LLC
(“Southbox Entertainment”) (collectively, “Defendants”). (ECF No. 1.)
On the same day, the Clerk of the Court issued the summons and proof of service
form. (ECF No. 2.)
On April 30, 2025, Plaintiff filed three Affidavits of Service, declaring that the
Summons and Complaint had been served upon Defendants FilmHedge, Southbox Capital,
and Southbox Entertainment. (ECF Nos. 3–5.)
On June 10, 2025, Plaintiff filed a Request for Entry of Default against Defendants
FilmHedge, Southbox Capital, and Southbox Entertainment (collectively, “the Defaulted
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Defendants”). (ECF No. 6.) On July 21, 2025, the Clerk of the Court entered default against
the Defaulted Defendants. (ECF No. 7.)
On September 9, 2025, Plaintiff filed a Motion for Leave to File Motion for Default
Judgment (“Motion for Leave to File”) (ECF No. 10) and a Motion for Default Judgment
(ECF No. 11).
On February 17, 2026, the Court issued an Order dismissing Defendant Gosier and
denying Plaintiff’s Motion for Default Judgment (ECF No. 11) without prejudice and the
Motion for Leave to File (ECF No. 10) as moot. The Court found that Plaintiff failed to
establish proper service of process on the Defaulted Defendants under either Federal Rule
of Civil Procedure 4, Delaware law, or California law. (ECF No. 11 at 6–9.) The Court
granted Plaintiff thirty (30) days to “file either: (1) a renewed motion for default judgment
or (2) a motion to set aside the Clerk’s entry of default (ECF No. 7) and re-serve the
Defaulted Defendants in a manner that comports with Federal Rule of Civil Procedure 4
and/or applicable state law.” Id. at 9.
On March 17, 2026, Plaintiff filed a Motion to Set Aside Clerk’s Entry of Default
and for Leave to Effect Proper Notice (“Motion to Set Aside Default”). (ECF No. 13.)
Plaintiff requests that the Court (1) set aside the Clerk’s entry of default against Defendants
FilmHedge, Southbox Capital, and Southbox Entertainment and (2) grant Plaintiff “leave
to effect proper service of process consistent with the Court’s February 17, 2026 Order.”
Id. at 4.
Federal Rule of Civil Procedure 55(c) states that a court “may set aside an entry of
default for good cause, and it may set aside a final default judgment under Rule 60(b).”
Fed. R. Civ. P. 55(c). “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 Personal Check No.
730 of Yubran S. Mesle, 615 F.3d 1085, 1091 (9th Cir. 2010) (cleaned up; citations
omitted). “Additionally, a court may grant a motion for relief from default where the
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moving party demonstrates a defect in the service of process.” Pontier v. GEICO Ins., No.
21cv199-LL-AHG, 2024 WL 2095282, at *2 (S.D. Cal. Mar. 28, 2024) (quotations
omitted) (collecting cases).
Here, no evidence of culpable conduct by Plaintiff exists. Setting aside the default
would not prejudice the Defaulted Defendants; it would benefit them by allowing Plaintiff
to properly serve them. The “no meritorious defense” factor does not apply here because
Plaintiff seeks to set aside the default, not Defendants. And the Court found in its February
17, 2026 Order that Plaintiff provided insufficient proof of service. (ECF No. 11 at 6–9.)
Accordingly, the Court finds good cause to set aside the entry of default against the
Defaulted Defendants and allow Plaintiff to effect proper service.
IT IS HEREBY ORDERED that Plaintiff’s Motion to Set Aside Default (ECF No.
13) is granted. The Clerk of the Court shall set aside the entry of default against Defendants
FilmHedge, Southbox Capital, and Southbox Entertainment (ECF No. 7).
IT IS FURTHER ORDERED that Plaintiff shall file proof of proper service on
Defendants FilmHedge, Southbox Capital, and Southbox Entertainment in a manner that
complies with Federal Rule of Civil Procedure 4 or applicable state law no later than thirty
(30) days from the entry of this Order.
Dated: March 23, 2026
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