Maynez et al v. Garza et al

Filing 11

ORDER on 10 STIPULATION to Set Aside Default Taken by Plaintiffs in State Court Against Defendant Jose Moreno, Signed by Magistrate Judge Sandra M. Snyder on 9/8/2009. The Default entered in this action against defendant Jose Moreno be set aside, and that defendant Jose Moreno shall have to and including September 30, 2009, to answer or otherwise respond to Plaintiffs complaint. (Arellano, S.)

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Susan M. Brown, SBN 199119 Tina M. Barberi, SBN 213267 7493 N. Ingram, Suite 103 Fresno, California 93711 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail]

Attorneys for Defendant JOSE MORENO UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - FRESNO DIVISION

11 DELIA MAYNEZ and ARTURO MAYNEZ, 12 13 vs. Plaintiffs,

Case No. 1:09-CV-01422-AWI-SMS

14 ELIZABETH GARZA, CALEB J. KHAN, SUMMERFIELD MORTGAGE & REALTY, 15 AMERICA'S WHOLESALE LENDER, and JOSE MORENO, and DOES 1 through 50, 16 inclusive, Defendants. 17 18 19 20 21 22 23 24 25 26 27

ORDER ON STIPULATION TO SET ASIDE DEFAULT TAKEN BY PLAINTIFFS IN STATE COURT AGAINST DEFENDANT JOSE MORENO

STIPULATION TO SET ASIDE DEFAULT

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IT IS HEREBY STIPULATED, by and between plaintiffs Arturo Maynez and Delia

2 Maynez ("Plaintiffs") and defendant Jose Moreno("Moreno"), through their undersigned counsel, 3 as follows: 4 1. On July 9, 2009, Plaintiffs filed a Request for Entry of Default ("Default") in this

5 action in the Superior Court of California, County of Fresno ("State Court"), against Moreno, 6 7 Court, 8 3. Plaintiff and Moreno have agreed, and hereby Stipulate, that the Default entered 2. On July 9, 2009, a Default was entered in this action against Moreno in State

9 against Moreno in State Court on or about July 9, 2009, shall be set aside and that Moreno shall 10 have to and including September 30, 2009, to answer or otherwise respond to Plaintiffs' 11 Complaint; and 12 13 Dated: August 24, 2009 14 15 16 17 Dated: August 24, 2009 18 19 20 21 22 23 24 25 26 27 Page 2 of 3
STIPULATION TO SET ASIDE DEFAULT

4.

All rights of the parties are reserved.

By: /s/ Susan M. Brown Susan M. Brown Attorney for Defendant JOSE MORENO

By: /s/ Juan M. Falcon Juan M. Falcon Attorney for Plaintiffs ARTURO MAYNEZ and DELIA MAYNEZ

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ORDER

Based upon the stipulation of the parties, and good cause appearing, IT IS HEREBY 4 ORDERED that: 5 1. 6 that defendant Jose Moreno shall have to and including September 30, 2009, to 7 answer or otherwise respond to Plaintiffs' complaint. 8 9 10 11 IT IS SO ORDERED. 12 Dated: 13 icido3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Page 3 of 3
STIPULATION TO SET ASIDE DEFAULT

The Default entered in this action against defendant Jose Moreno be set aside, and

September 8, 2009

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE