Hartung v. J.D. Byrider, Inc et al

Filing 68

ORDER Vacating Default 50 ; ORDER Granting Withdrawal of Motion For Default Judgment signed by Magistrate Judge Gary S. Austin on 1/26/2009. Proof of service due by 2/28/2009. (Esteves, C)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Plaintiff Jessica Hartung ("Plaintiff") filed a Motion for Default Judgment against Defendant 21 John Anderson, aka John Edens, on November 14, 2008. (Doc. 58). On January 14, 2009, this court 22 issued an order addressing concerns regarding whether Defendant Anderson was properly served 23 with the Complaint and whether proper notice of the amount of damages was given. 24 In response, Plaintiff filed a Motion to Vacate Default and a Motion to Withdraw the Motion 25 for Default Judgment. (Doc. 66). In light of the issues regarding service, Plaintiff's motions shall be 26 GRANTED. 27 28 1 ) ) ) ) Plaintiff, ) ) ) vs. ) ) ) J.D. BYRIDER, INC., JD BYRIDER ) OF CHANDLER; CARNOW ) ACCEPTANCE COMPANY; JOHN ) ANDERSON; and T-MOBILE USA ) INC and DOES 1 through 10 inclusive, ) ) ) Defendants. ) ____________________________________) JESSICA HARTUNG, 1:08-cv-00960 AWI GSA ORDER VACATING DEFAULT ORDER GRANTING WITHDRAWAL OF MOTION FOR DEFAULT JUDGMENT IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

(Docs. 50, 58, and 66)

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Accordingly, IT IS HEREBY ORDERED that : 1) Plaintiff's Motion to Vacate Default is GRANTED. (Doc. 66). The default issued on October 1, 2008 is hereby VACATED (Doc. 50); 2) Plaintiff's Motion for Default Judgment is deemed withdrawn (Docs. 66 and 58); 3) Plaintiff shall file proof that Defendant Anderson was properly served with the Summons, Complaint, and Statement/Notice of Damages no later than February 28, 2009.

IT IS SO ORDERED. Dated: 6i0kij

January 26, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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