Archer et al v. City of Taft, Ca. Inc. et al

Filing 41

STIPULATION and ORDER 40 Setting Aside the Entry of Default, signed by Magistrate Judge Jennifer L. Thurston on 6/5/2014. Defaults entered against Defendants Joseph Burke and J.E. Constructions, Inc. on January 31, 2014, are SET ASIDE. (Hall, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DARRELL ARCHER and KEITHA
DARQUEA,

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Plaintiffs,
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v.
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J.E. BURKE CONSTRUCTION, INC., et al.,
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Defendants.
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) Case No.: 1:12-cv-00261 - AWI - JLT
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) STIPULATION AND ORDER SETTING ASIDE
) THE ENTRY OF DEFAULT
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RECITALS
WHEREAS, the plaintiffs filed the First Amended Complaint in the above-entitled action on
May 15, 2012; and
WHEREAS, on August 22, 2012, the Court filed its Findings And Recommendations
dismissing certain claims and defendants; and,
WHEREAS, on September 11, 2012, the Court filed its Order Adopting Findings And
Recommendations In Full and dismissing certain claims and defendants; and,
WHEREAS, on December 18, 2012, plaintiffs’ Summons and First Amended Complaint was
served on Defendant JOSEPH BURKE, with an answer due by January 8, 2013; and,
WHEREAS, on December 18, 2012, plaintiffs’ Summons and First Amended Complaint was
served on Defendant J. E. CONSTRUCTION, INC., with an answer due by January 8, 2013; and,
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WHEREAS, on January 30, 2014, the plaintiffs filed a Request For Entry Of Default as to
Defendant JOSEPH BURKE; and,
WHEREAS, on January 30, 2014, the plaintiffs filed a Request For Entry Of Default as to
Defendant J. E. CONSTRUCTION, INC.; and,
WHEREAS, on January31, 2014, the Clerk’s Entry Of Default was filed as to Defendant
JOSEPH BURKE; and,
WHEREAS, on January31, 2014, the Clerk’s Entry Of Default was filed as to Defendant J. E.
CONSTRUCTION, INC.; and,
WHEREAS, there had previously existed some misunderstanding as between Defendants

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JOSEPH BURKE and J. E. CONSTRUCTION, INC. and the City of Taft regarding the defense of

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said Defendants; and,

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WHEREAS, the City of Taft has now agreed to retain the Law Offices of Robinson & Kellar

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as counsel for Defendants JOSEPH BURKE and J. E. CONSTRUCTION, INC. in the instant action,

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NOW THEREFORE COME THE PARTIES, through their respective counsel, and do hereby

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stipulate pursuant to Federal Rules of Civil Procedure, Rule 55(c) that the Clerk’s Entries Of Default

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against Defendants JOSEPH BURKE and J. E. CONSTRUCTION, INC., be set aside.

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IT IS FURTHER STIPULATED, that Defendants JOSEPH BURKE and J. E.

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CONSTRUCTION, INC., shall be granted 14 (fourteen) days hereafter in which to file their answer to

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the First Amended Complaint.

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DATED: April 30, 2014

DARRELL ARCHER, In propria persona
By__________________________________

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PLAINTIFF, In Pro Per

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DATED: April 30, 2014

KEITHA DARQUEA, In propria persona
By__________________________________
PLAINTIFF, In Pro Per

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DATED: April 30, 2014

ROBINSON & KELLAR
By_____________________________________

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MICHAEL C. KELLAR
Attorneys for Defendant,
JILL GIPSON, a public employee

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ORDER

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Based upon the stipulation of the parties, IT IS HEREBY ORDERED:

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January 31, 2014, are hereby SET ASIDE; and

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The defaults entered against Defendants Joseph Burke and J.E. Construction, Inc. on

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Defendants Joseph Burke and J.E. Construction SHALL file an Answer to Plaintiffs’
First Amended Complaint within fourteen days of the date of service of this Order.

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IT IS SO ORDERED.
Dated:

June 5, 2014

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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