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