Bryant v. Fresno I Steakhouse, L.P. et al

Filing 15

STIPULATION and ORDER Setting Aside Default as to Defendant Peppertree Plaza 2737, LLC signed by Magistrate Judge Barbara A. McAuliffe on 12/11/2017. (Sant Agata, S)

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Bruce A. Neilson #096952
7108 N. Fresno St. #410
Fresno, California 93720
Telephone [phone]
Facsimile [phone]
Attorney for Defendant
Peppertree Plaza 2737, LLC

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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))))))
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RACHEL BRYANT,

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Plaintiff,
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vs.
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FRESNO I STEAKHOUSE, L.P. dba
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OUTBACK STEAKHOUSE; PEPPERTREE )
PLAZA 2737, LLC;
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Defendants.
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____________________________________ )

CASE NO. 1:17-cv-01265-LJO-BAM
STIPULATION AND ORDER SETTING
ASIDE DEFAULT AS TO
DEFENDANT PEPPERTREE PLAZA
2737, LLC

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WHEREAS:
1. Plaintiff Rachel Bryant filed this action on 9/21/2017.
2. Plaintiff filed proofs of service showing service of the summons and complaint in this
action on Defendant Peppertree Plaza 2737, LLC on 11/2/2017. By inadvertence and excusable
neglect, caused by the Defendant’s miscommunication of the date the documents served upon it,
no responsive pleading was filed by Defendant and default was entered by the Clerk of this Court
on December 1, 2017, after application therefor by Plaintiff. No judgment has been entered.
3. Defendant has now retained counsel to assist with its defense and settlement of this
matter. Defendants believe they have a valid defense in this action as set forth in the
PROPOSED ANSWER OF PEPPERTREE PLAZA 2737, LLC TO COMPLAINT which
accompanies this Stipulation and Order.
4. Plaintiff consents to the setting aside of the default as to Defendant Peppertree Plaza
2737, LLC.
5. Setting aside the default will be in the interest of justice in that the parties will be able

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Rachel Bryant v.Fresno I. Steakhouse, L.P. et al.
Case No. 1:17-cv-01265-LJO-BAM

to resolve the matter to the satisfaction of all parties, and the parties agree that settlement of this
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case would save valuable court time and resources involved in bringing a motion to set aside the
default.
NOW THEREFORE, Defendant Peppertree Plaza 2737, LLC through its attorneys, and
Plaintiff Rachel Bryant, through her attorneys, hereby stipulate and agree that the default entered
in this action against Peppertree Plaza 2737, LLC shall be vacated and set aside, and that
Defendant Peppertree Plaza 2737, LLC shall be allowed to answer the Complaint within 10 days
from the date of the filing the Order below, pending court approval.

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IT IS SO STIPULATED.

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MISSION LAW FIRM, A.P.C.
Dated: December 7, 2017

/s/Zachary M. Best
Zachary M. Best, Attorney for Plaintiff Rachel
Bryant

Dated: December 7, 2017

/s/Bruce A. Neilson
Bruce A. Neilson, Attorney for Defendant
Peppertree Plaza 2737, LLC

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ORDER
The Court adopts the stipulation of the parties set forth above. Accordingly, the default
entered by the Clerk of the Court against Defendants Peppertree Plaza 2737, LLC is hereby
VACATED. Defendants shall file a response to Plaintiff Rachel Bryant’s complaint within 10
days from the date of this Order.

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IT IS SO ORDERED.
Dated:

December 11, 2017

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/s/ Barbara

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

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Rachel Bryant v.Fresno I. Steakhouse, L.P. et al.
Case No. 1:17-cv-01265-LJO-BAM