Xerox Corporation v. Simply Smashing, Inc.

Filing 13

ORDER VACATING 12 9 Order to Show Cause signed by Magistrate Judge Stanley A Boone on 5/8/2013. Therefore, the order to show cause filed April 30, 2013, is HEREBY VACATED and the motion for default judgment hearing will be held on June 5, 2013, at 9:30 a.m. in Courtroom 9 before Magistrate Judge Stanley A. Boone.(Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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XEROX CORPORATION,

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Plaintiff,

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v.

Case No. 1:13 -cv-00395-LJO-SAB
ORDER VACATING ORDER TO SHOW CAUSE
(ECF Nos. 9, 12)

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SIMPLY SMASHING, INC.,

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Defendant.

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On April 30, 2013, an order issued requiring Plaintiff to show cause why the Clerk's entry

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of default should not be vacated due to questions on whether the service in this action complied

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with the California and Federal Rules of Civil Procedure. On May 7, 2013, Plaintiff filed a

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response to the order to show cause, which provides further factual information upon which this

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court could decide the matter. Accordingly, upon review of Plaintiff's response and declarations,

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the Court finds that the service in this action did comply with the Rules of Civil Procedure.

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Therefore, the order to show cause filed April 30, 2013, is HEREBY VACATED and the

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motion for default judgment hearing will be held on June 5, 2013, at 9:30 a.m. in Courtroom 9

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before Magistrate Judge Stanley A. Boone.

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IT IS SO ORDERED.

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Dated:

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May 8, 2013

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UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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