Board of Trustees Of The United Food And Commercial Workers National Health And Welfare Fund v. Gibson Wine Company

Filing 22

STIPULATION and ORDER Setting Aside Default Entered Against Defendant re 21 signed by Magistrate Judge Gary S. Austin on 1/7/2015. The Motion to Set Aside 11 is deemed RESOLVED. The hearing on said motion set for 9:30 a.m. on January 9, 2015, is VACATED. (Martinez, A)

1 HENRY Y. CHIU 222927
TUCKER, CHIU, HEBESHA & WARD PC
2 642 Pollasky Avenue, Suite 230
Clovis, California 93612
3 Telephone: [phone]
Facsimile: [phone]
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Attorneys for Plaintiff
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JUSTIN T. CAMPAGNE 211825
6 WILEY R. DRISKILL 253913
CAMPAGNE, CAMPAGNE & LERNER
7 Airport Office Center
1685 North Helm Avenue
8 Fresno, California 93727
Telephone: [phone]
9 Facsimile: [phone]
10 Attorneys for Defendant Gibson Wine Company
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – FRESNO DIVISION

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* * *

15 BOARD OF TRUSTEES OF THE UNITED
FOOD AND COMMERCIAL WORKERS
16 NATIONAL HEALTH AND WELFARE
FUND;
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Plaintiff,
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v.
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GIBSON WINE COMPANY; AND DOES 1
20 THROUGH 50;

Case No.: 1:14-CV-01366-AWI-GSA
STIPULATION AND ORDER
SETTING ASIDE DEFAULT
ENTERED AGAINST DEFENDANT
(Doc. 21)

Defendants.

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Plaintiff Board of Trustees of the United Food and Commercial Workers National Health

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25 and Welfare Fund (“Plaintiff”) and defendant Gibson Wine Company (“Defendant”), through
26 their respective counsels, hereby stipulate, and request an order, as to the following:
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TUCKER, CHIU,
HEBESHA & WARD PC
642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

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STIPULATION AND ORDER SETTING ASIDE DEFAULT ENTERED AGAINST DEFENDANT

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STIPULATION

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1.

Plaintiff filed a Motion for Default Judgment on December 3, 2014, which sought

3 a default judgment against Defendant. The hearing on said Motion is currently set for 9:30 a.m.
4 on January 9, 2015, before the Honorable U.S. Magistrate Judge Gary S. Austin.
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2.

Defendant filed an Opposition to said Motion, and a Motion to Set Aside Entry of

6 Default, on December 12, 2014. The hearing on said second Motion is likewise set for 9:30 a.m.
7 on January 9, 2015, before the Honorable U.S. Magistrate Judge Gary S. Austin.
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3.

Plaintiff re-served Defendant with the Summons and Complaint through

9 Defendant’s counsel, Justin T. Campagne, of Campagne, Campagne & Lerner, at 1685 North
10 Helm Avenue, Fresno, California 93727, on December 23, 2014.
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4.

Plaintiff also re-served Defendant with the Summons and Complaint through

12 Defendant’s agent for service of process, Kim Spruance, at 1720 Academy Avenue, Sanger,
13 California 93657, on January 5, 2015.
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5.

The Parties hereby stipulate that the methods of service described above are valid,

15 and that Defendant shall have twenty-one (21) days from the Court’s Order on this
16 Stipulation/Order to file an Answer to the Complaint.
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6.

The Parties respectfully request that the Court vacate the hearings on the Motion

18 for Default Judgment, and Motion to Set Aside Entry of Default, both currently scheduled for
19 January 9, 2015.
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Dated: January __6, 2015.

TUCKER, CHIU, HEBESHA & WARD
A Professional Corporation

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By
/s/ Henry Y. Chiu
HENRY Y. CHIU
Attorney for Plaintiff

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Dated: January ___6, 2015.

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CAMPAGNE, CAMPAGNE & LERNER
A Professional Corporation

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By
/s/ Wiley R. Driskill
WILEY R. DRISKILL
Attorney for Defendant

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TUCKER, CHIU,
HEBESHA & WARD PC
642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

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STIPULATION AND ORDER SETTING ASIDE DEFAULT ENTERED AGAINST DEFENDANT

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ORDER
The Court adopts the parties’ stipulation set forth above. Accordingly, the Defendant’s

3 pending Motion to Set Aside Entry of Default is deemed resolved by stipulation and the default
4 entered by the Clerk of Court against the Defendant on October 8, 2014 is hereby set aside.
5 Docs. 8, 11.
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The hearing on Defendant’s Motion to Set Aside Entry of Default, currently set for 9:30

7 a.m. on January 9, 2015, is VACATED. The Court notes that Plaintiff has withdrawn its Motion
8 for Default Judgment, which was also set for hearing on January 9, 2015 at 9:30 a.m. Doc. 18.
9 In light of the withdrawal of the motion, the hearing on Plaintiff’s Motion for Default Judgment
10 is VACATED as well.
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Finally, pursuant to the stipulation, Defendant is deemed served with the Summons and

12 Complaint, and shall file an Answer or other responsive pleading to the Complaint within
13 twenty-one (21) days of the date of this Order.
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15 IT IS SO ORDERED.
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Dated:

January 7, 2015

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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TUCKER, CHIU,
HEBESHA & WARD PC
642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

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STIPULATION AND ORDER SETTING ASIDE DEFAULT ENTERED AGAINST DEFENDANT

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12022.04- Stip Service.doc

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TUCKER, CHIU,
HEBESHA & WARD PC
642 POLLASKY AVE., STE. 230
CLOVIS, CA 93612

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STIPULATION AND ORDER SETTING ASIDE DEFAULT ENTERED AGAINST DEFENDANT