Fresno JetProp, LLC v. Lone Mountain Aviation

Filing 17

STIPULATION and ORDER to Set Aside Default and to Allow The Answer Filed by Lone Mountain Aviation to Stand signed by Magistrate Judge Gary S. Austin on 8/19/2010. (Esteves, C)

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Gregory S. Mason, # 148997 McCormick, Barstow, Sheppard, Wayte & Carruth LLP P.O. Box 28912 5 River Park Place East Fresno, CA 93720-1501 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant LONE MOUNTAIN AVIATION

(SPACE BELOW FOR FILING STAMP ONLY)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

FRESNO JETPROP, LLC, Plaintiff, v. LONE MOUNTAIN AVIATION, Defendant.

Case No. 1:10-CV-00197-LJO-GSA STIPULATION TO SET ASIDE DEFAULT AND TO ALLOW THE ANSWER FILED BY LONE MOUNTAIN AVIATION TO STAND, ORDER THEREON

Plaintiff, FRESNO JETPROP, LLC, ("Plaintiff") and Defendant LONE MOUNTAIN AVIATION ("Defendant"), by and through their attorneys of record, agree as follows: WHEREAS Plaintiff filed a Complaint in U.S. District Court Eastern District of California, against Defendant on February 3, 2010; WHEREAS Plaintiff submits that Defendant was served on February 11, 2010; WHEREAS Defendant did not respond to the Complaint prior to March 5, 2010; WHEREAS Plaintiff Requested an Entry of Default as to Defendant which was entered March 5, 2010, by the Clerk; WHEREAS Defendant filed an Answer to Complaint with Jury Demand on June 28, 2010. IT IS THEREFORE STIPULATED, pending a further order of the Court, that the Default as to Defendant LONE MOUNTAIN AVIATION entered March 5, 2010, be set aside and the
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STIPULATION TO SET ASIDE DEFAULT AND ALLOW THE ANSWER TO STAND, [PROPOSED] ORDER THEREON

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MCCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP
5 RIVER PARK PLACE EAST FRESNO, CA 93720-1501

Answer to the Complaint, filed June 28, 2010, be allowed to stand as the Answer to the Complaint filed February 3, 2010. Dated: August 18, 2010 Respectfully submitted by: BAKER, MANOCK & JENSEN PC

By:

/s/ Charles Manock Charles Manock Attorneys for Plaintiff FRESNO JETPROP, LLC

Dated: August 18, 2010

Respectfully submitted by: McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP

By:

/s/ Gregory S. Mason Gregory S. Mason Attorneys for Defendant LONE MOUNTAIN AVIATION

ORDER GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING STIPULATED TO THE SAME, the Court finds that the above-stated STIPULATION is sanctioned by the Court and shall be and now is the Order of the Court. The Default entered against LONE MOUNTAIN AVIATION on March 5, 2010, is hereby set aside, and the Answer to Complaint filed by Defendant LONE MOUNTAIN AVIATION will stand as the Answer to the Complaint filed February 3, 2010. cf0di0 IT IS SO ORDERED. Dated:
DEAC_Signature-END:

August 19, 2010

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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cf0di0

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STIPULATION TO SET ASIDE DEFAULT AND ALLOW THE ANSWER TO STAND, [PROPOSED] ORDER THEREON