Industrial Enterprises of America, Inc. v. Lawler et al

Filing 10

ORDER DISMISSING CASE,pursuant to Stipulation filed by Plaintiff, signed by Magistrate Judge Stanley A. Boone on 8/31/15. CASE CLOSED (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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INDUSTRIAL ENTERPRISES OF
AMERICA, INC.,

Case No. 1:15-mc-00006-SAB
ORDER DISMISSING ACTION

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Plaintiff,
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v.
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TIMOTHY J. LAWLER, et al.,
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Defendants.
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On August 31, 2015, Plaintiff Industrial Enterprises of America, Inc. (“Plaintiff”) filed a

19 stipulation to vacate the default judgment registered with this Court. (ECF No. 9.) These
20 judgment enforcement proceedings were initiated by Plaintiff on February 4, 2015 when it
21 registered the February 2, 2015 default judgment against Defendant Timothy J. Lawler entered in
22 the United States Bankruptcy Court for the District of Delaware. Plaintiff requests that this
23 Court “vacate” the default judgment pursuant to the August 27, 2015 order issued by the United
24 States Bankruptcy Court for the District of Delaware vacating its February 2, 2015 default
25 judgment.
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This Court cannot vacate a judgment issued by the District of Delaware, particularly

27 since it appears that the judgment has already been vacated by the District of Delaware. It
28 appears that Plaintiff instead requests that the judgment enforcement proceedings in this Court be

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1 dismissed. Accordingly, the Court will dismiss and close this action pursuant to the stipulation
2 filed by Plaintiff.
Based upon the foregoing, it is HEREBY ORDERED that this action is DISMISSED,

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4 with each party to bear their own fees and costs. The Clerk of the Court is directed to CLOSE
5 this action.
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IT IS SO ORDERED.

8 Dated:

August 31, 2015
UNITED STATES MAGISTRATE JUDGE

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