Soltero v. City of Bakersfield et al

Filing 43

ORDER GRANTING 37 Defendants' Motion to Set Aside the Default of the Natural Father, Robert Yzaguirre; ORDER DENYING AS MOOT 29 , 30 Plaintiff's Motions for Default Judgment; and ORDER Administratively Terminating 32 FINDINGS AND RECOMMENDATIONS re Plaintiff's Motion for Default Judgment signed by District Judge Lawrence J. O'Neill on 2/10/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CYNTHIA SOLTERO, individually and as
Successor in Interest of VINCENT MATTHEW
YZAGUIRRE, DECEASED,
Plaintiffs,

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vs.

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CITY OF BAKERSFIELD, TIMOTHY
BERCHTOLD, JASON FELGENHAUER, and
DOES 1 through 10, inclusive,

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Defendants.

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Case No. 1:12-CV-01791-LJO-JLT
ORDER GRANTING DEFENDANTS’
MOTION TO SET ASIDE THE DEFAULT
OF THE NATURAL FATHER, ROBERT
YZAGUIRRE (DOC. 37), DENYING AS
MOOT PLAINTIFF’S MOTIONS FOR
DEFAULT JUDGMENT (DOCS. 29 & 30);
AND ADMINISTRATIVELY
TERMINATING FINDINGS AND
RECOMMENDATIONS RE PLAINTIFF’S
MOTION FOR DEFAULT JUDGMENT
(DOC. 32).

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The court, having considered all evidence, hereby GRANTS Defendants’ motion to set aside the

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default of the natural father, Robert Yzaguirre, which was entered on September 10, 2014 [Doc. 28]. Doc.
37.
As a result, Plaintiff’s motions for default judgment, Docs. 29 & 30, are DENIED AS MOOT, and
the Clerk of Court is directed to administratively terminate the pending Findings and Recommendations
regarding the same, Doc. 32.

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SO ORDERED
Dated: February 10, 2015
/s/ Lawrence J. O’Neill
United States District Judge

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