Amazon Urges Court to Reject Defendant’s Motion to Set Aside Entry of Default

Amazon opposes defendant Elly Infotech’s Feb. 7 motion to set aside a clerk’s entry of default for failure to timely file a responsive pleading (see 2401190030) because it “falls short” of satisfying the 9th Circuit’s criteria for doing so, said Amazon’s response Wednesday (docket 2:23-cv-02353) in U.S. District Court for Arizona in Phoenix. Elly Infotech was one of multiple defendants that Amazon sued in three federal courts on a single day, seeking to halt them from running “impersonation scams” that dupe consumers into buying fake Amazon support services for activating Prime Video on their devices (see 2311120001). Elly Infotech contends that if the court sets aside the order of default, it will submit “meritorious defenses,” said Amazon’s opposition. Yet Elly Infotech presents only “a small number of conclusory assertions, unaccompanied by any factual support or explanation of how the assertions are defenses to Amazon’s causes of action,” it said. “The failure to bring non-conclusory meritorious defenses is fatal,” it said. But its motion to set aside is also “deficient” because it doesn’t present “a good faith explanation for its failure to timely file,” it said. Elly Infotech claims that despite its “diligent attempts” to obtain counsel, it was unable to do so “until well after the answer deadline,” it said. The evidence “contradicts this claim,” instead suggesting that Elly Infotech didn’t intend to seek counsel until after Amazon filed its request for entry of default, it said.