Financial Indemnity Company v. Grewal, et al

Filing 18

STIPULATION re Request for Default and for Extension of Time to File a Responsive Pleading; ORDER re 16 signed by Magistrate Judge Gary S. Austin on 12/15/2014. (Martinez, A)

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Roger S. Bonakdar, #253920
2344 TULARE ST., SUITE 301
FRESNO, CALIFORNIA 93721
PHONE [phone]
FAX [phone]

Attorneys for Defendants, INDERBIR SINGH GREWAL, GUNJIT GREWAL,
AND GREWAL BROTHERS FARMING

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FINANCIAL INDEMNITY COMPANY,
Plaintiff,

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v.

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Case No. 14-cv001332-GSA
STIPULATION RE. REQUEST FOR
DEFAULT AND FOR EXTENSION OF
TIME TO FILE A RESPONSIVE
PLEADING; ORDER

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INDERBIR SINGH GREWAL, GUNJIT
GREWAL, GREWAL BROTHERS
FARMING, RICHARD RYAN ORTIZ, JR.,
and NICHOLAS N. CASELLA,

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(Doc. 16)

Defendants.

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TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:

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Plaintiff, FINANCIAL INDEMNITY COMPANY (herein “Plaintiff”), and

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Defendants INDERBIR SINGH GREWAL; GUNJIT GREWAL; AND GREWAL
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BROTHERS FARMING (herein collectively “Defendants”), by and through their
respective counsel of record, enter this Stipulation to Set Aside Clerk’s Entry of Default

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Against Defendants Inderbir Singh Grewal, Gunjit Grewal, and Grewal Brothers

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Farming, based upon the below Recitals and Stipulation.

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STIPULATION RE. REQUEST FOR DEFAULT AND EXTENSION OF TIME
TO RESPOND TO COMPLAINT; ORDER

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RECITALS

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WHEREAS, on or about August 25, 2014, Plaintiff filed its Complaint in the

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Eastern District of California, entitled Financial Indemnity Company v. Inderbir Singh
Grewal, Gunjit Grewal, Grewal Brothers Farming, Richard Ryan Ortiz, Jr., and
Nicholas N. Casella, a United States District Court Case No. 14-cv-001332 (the
“Action”).

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WHEREAS, on or about September 24, 2014, the parties stipulated to extend
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the time for Defendants to file an Answer or responsive pleading;
WHEREAS, Defendants requested additional time to file an Answer or
responsive pleading;
WHEREAS, due to a mutual and inadvertent breakdown in communication

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between counsel for the parties, a Request for Entry of Default was submitted to the

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Clerk of the Court;

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WHEREAS, on or about December 5, 2014, Plaintiffs requested Default against
Defendants in this Action (Doc 15).
WHEREAS, Defendants desire and requested Plaintiffs stipulate to set aside

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the Default;
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WHEREAS, Plaintiffs have considered and now agree to stipulate to set aside
the Default; and
WHEREAS, the parties stipulate and agree to set aside the Clerk’s entry of
default against Defendants as set forth in the Stipulation below.
STIPULATION

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NOW, THEREFORE, Plaintiff and Defendants, by and through their respective
counsel of record, hereby stipulate as follows:
1. Defendant, Inderbir Singh Grewal’s default, filed on December 4, 2014 (Doc
15), may be set aside;
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STIPULATION TO SET ASIDE DEFAULT; ORDER

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2. Defendant Gunjit Grewal’s default, filed on December 4, 2014 (Doc 15), may
be set aside;
3. Grewal Brothers Farming’s default, filed on December 4, 2014 (Doc 15),
may be set aside;
4. Defendants’ responsive pleading will be due within 14 days of the issuance
of the Court’s Order setting aside the defaults.

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Date: December 11,, 2014

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ZINDER & KOCH

/s/ Jeffrey E. Zinder
JEFFREY E. ZINDER
Attorney for Plaintiff,
FINANCIAL INDEMNITY COMPANY

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Date: December 11, 2014

BONAKDAR LAW FIRM

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/S/ Roger S. Bonakdar
ROGER S. BONAKDAR
Attorney for Defendant,
Lila Pablo-Martinez

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STIPULATION TO SET ASIDE DEFAULT; ORDER

ORDER

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The Court notes that the parties have stipulated, as set forth above, that
Plaintiff’s request for entry of default against Defendants was filed on account of an
inadvertent breakdown of communication between counsel for the parties. (Docs. 15,
16). Pursuant to the parties’ stipulation, the Clerk of Court declined to enter the

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default. (Doc. 17). Therefore, based on the foregoing stipulation, Defendants shall file
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a responsive pleading to the Complaint within fourteen (14) days of the date of
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issuance of this order.

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IT IS SO ORDERED.
Dated:

December 15, 2014

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO SET ASIDE DEFAULT; ORDER