Gutierrez v. Walgreens Co., et al.

Filing 13

STIPULATION and ORDER signed by Magistrate Judge Sandra M. Snyder on 11/19/2010 setting aside 9 Clerk's Entry of Default against Walgreens Co. (Lundstrom, T)

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BRIAN SAMUEL CRONE, State Bar No. 191731 ERICK C. TURNER, State Bar No. 236186 BERRY & BLOCK LLP 2150 River Plaza Drive, Suite 415 Sacramento, CA 95833 [phone] [phone] FAX Attorneys for Defendant WALGREEN CO. UNITED STATES DISTRICT COURT STATE OF CALIFORNIA, EASTERN DISTRICT

NATIVIDAD GUTIERREZ, Plaintiff, v. , WALGREENS CO. dba WALGREENS AND BDC CLOVIS L.P., Defendants. I. STIPULATION

) Case No. 1:10-CV-01703-LJO-SMS ) ) ) STIPULATION AND ORDER TO SET ) ASIDE ENTRY OF DEFAULT ) ) ) ) ) ) )

WHEREAS, Plaintiff Natividad Gutierrez ("Plaintiff"), filed a Request to Enter Default on November 15, 2010, against Defendant Walgreen Co. ("Walgreens") on the Complaint. WHEREAS, the Clerks Certificate of Entry of Default was issued by the Court on November 18, 2010. WHEREAS, Plaintiff has not prepared or filed a motion for entry of default judgment and default judgment has not been granted against Walgreens. WHEREAS, Plaintiff and Walgreens have agreed to set aside the Request to Enter Default and the Clerks Certificate of Entry of Default. WHEREAS, the parties wish to take the following steps to enable Walgreens to participate in this matter:

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STIPULATION TO SET ASIDE DEFAULT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated:

1.

The Request to Enter Default filed against Walgreens on November 15, 2010,

and Clerks Certificate of Entry of Default of November 18, 2010, shall be set aside; 2. Walgreens shall be permitted to file with the Court the accompanying answer to (Attached as Exhibit "A" hereto is Walgreens' Answer to

the Complaint of Plaintiff. Complaint) DATED: November 19, 2010

BERRY & BLOCK LLP By /s/ Brian Samuel Crone, Esq. BRIAN SAMUEL CRONE ERICK C. TURNER Attorneys for Defendant WALGREEN CO.

DATED: November 19, 2010

MOORE LAW FIRM By /s/ Tanya Moore, Esq. TANYA MOORE Attorneys for Plaintiff Natividad Gutierrez

II.

ORDER

Based on the foregoing, and for good cause shown, IT IS HEREBY ORDERED that the Parties' Stipulation to Set Aside Entry of Default be, and hereby is, granted. Plaintiff's Request to Enter Default filed on November 15, 2010, and the Clerks Certificate of Entry of Default of November 18, 2010, are hereby set aside. Walgreens shall file with the Court the Answer to the Complaint of Plaintiff on or before ­ Court notes defendant Walgreens Answer was filed on November 18, 2010 [Doc. 11]. IT IS SO ORDERED.

November 19, 2010

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO SET ASIDE DEFAULT