Benjamin et al v. Bixby et al

Filing 24

ORDER VACATING DEFAULT for Defendants: Gregory Bixby and Benjamin Bixby; setting time to Answer First Amended Complaint and Continuing Scheduling Conference, signed by Magistrate Judge Dennis L. Beck on 02/2/2009.(Filing due by 2/25/2009 and Scheduling Conference set for 3/16/2009 at 08:30 AM in Courtroom 9 (DLB) before Magistrate Judge Dennis L. Beck) (Martin, S)

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DREIER STEIN KAHAN BROWNE WOODS GEORGE LLP

DREIER STEIN KAHAN BROWNE WOODS GEORGE LLP Yakub Hazzard (State Bar No. 150242) [e-mail] Jordan Susman (State Bar No. 246116) [e-mail] The Water Garden 1620 26th Street 6th Floor, North Tower Santa Monica, CA 90404 Telephone: [phone] Facsimile: 310.828.9101 Attorneys for Plaintiffs ANDRE BENJAMIN; THE BENJAMIN COMPANY, LLC; HIGH SCHOOLERS, LLC; ANDRE 3000, INC. UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

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987339_1.DOC

ANDRE BENJAMIN, an individual; THE BENJAMIN COMPANY, LLC, limited liability company; HIGH SCHOOLERS, LLC, a limited liability company; and ANDRE 3000, INC., a corporation, Plaintiffs, vs. GREGORY BIXBY, an individual; BEN BIXBY or in the alternative BENJAMIN BIXBY, an individual; LOCK JAW RACING, a corporation; and DOES 1 through 10, Defendants.

CASE NO. 1:08-CV-01025-AWI-DLB ORDER (1) VACATING DEFAULT, (2) SETTING TIME TO ANSWER FIRST AMENDED COMPLAINT, AND (3) CONTINUING SCHEDULING CONFERENCE Complaint Filed: July 17, 2008

[PROPOSED] ORDER VACATING DEFAULT, SETTING TIME TO ANSWER FIRST AMENDED COMPLAINT, AND CONTINUING SCHEDULING CONFERENCE

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DREIER STEIN KAHAN BROWNE WOODS GEORGE LLP

TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: WHEREAS, Plaintiffs Andre Benjamin, The Benjamin Company, LLC, High Schoolers, LLC, and Andre 3000, Inc. (collectively, "Plaintiffs") filed the original Complaint in this action on July 17, 2008; WHEREAS, Plaintiffs filed their First Amended Complaint in this action on July 30, 2008; WHEREAS, on August 29, 2008, Plaintiffs filed Requests for Entry of Default against Defendants Gregory Bixby and Benjamin Bixby (together, "Defendants") (the "Requests for Entry of Default"); WHEREAS, on September 3, 2008, the Clerk granted Plaintiffs' Requests for Entry of Default and entered the defaults against Defendants; WHEREAS, Defendants contest whether service of the summons and complaint on which the entries of default were based were proper under applicable law and rules; WHEREAS, Plaintiffs and Defendants have entered into a Stipulation requesting that the Court vacate the Clerk's Entries of Default against Defendants Gregory Bixby and Benjamin Bixby (which was filed with the Court on November 25, 2008); WHEREAS, the Court Clerk instructed counsel for Plaintiffs to submit this Order; /// /// /// /// /// /// /// /// /// 987339_1.DOC NOW,

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THEREFORE, IT IS HEREBY1ORDERED:
[PROPOSED] ORDER VACATING DEFAULT, SETTING TIME TO ANSWER FIRST AMENDED COMPLAINT, AND CONTINUING SCHEDULING CONFERENCE

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DREIER STEIN KAHAN BROWNE WOODS GEORGE LLP

(1) Bixby are vacated; (2)

The entries of default against Defendants Gregory Bixby and Benjamin

Defendants Gregory Bixby and Benjamin Bixby shall file and serve their

answer to the First Amended Complaint by no later than twenty (20) days from the date of the entry of this Order; and (3) The Scheduling Conference currently scheduled for February 2, 2009, at

8:45 a.m. in Courtroom 9 before Magistrate Judge Dennis L. Beck, is continued to March 16, 2009, at 8:30 a.m. in Courtroom 9 before Magistrate Judge Dennis L. Beck. 2 February 2009 ___/s/

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987339_1.DOC

Dennis L. Beck___

United States Magistrate Judge

-2[PROPOSED] ORDER TO VACATE DEFAULT AND SETTING TIME TO ANSWER FIRST AMENDED COMPLAINT