Acosta v. Damian, et al.

Filing 19

ORDER on STIPULATION TO SET ASIDE DEFAULT. 17 . Defendant John Kojigian, Jr. shall file a response to the complaint within 30 days of the date of this Order. The Scheduling Conference remains set for May 8, 2018, at 10:30 a.m. in Courtroom 7, before the undersigned. The parties shall file a Joint Scheduling Report by no later than May 1, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 3/23/2018. (Timken, A)

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Zachary M. Best, SBN 166035
MISSION LAW FIRM, A.P.C.
332 North Second Street
San Jose, California 95112
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorney for Plaintiff,
Jose Acosta

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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JOSE ACOSTA,
Plaintiff,
vs.
JUAN DAMIAN dba EL PARIAN
GROCERY MART, et al.,

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Defendants.

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No. 1:17-cv-1533-DAD-SKO
STIPULATION TO SET ASIDE
DEFAULT; ORDER
(Doc. 17)

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STIPULATION TO SET ASIDE DEFAULT; ORDER

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It is hereby stipulated by and between Plaintiff, Jose Acosta (“Plaintiff”), and

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Defendant, John Kojigian, Jr. (“Defendant,” and together with Plaintiff, “the Parties”), by and

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through their attorneys, that the Clerk’s Default against Defendant (Dkt. 15) be and is hereby

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set aside so that the matter may proceed on its merits, and that an answer on behalf of

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Defendant shall be filed within 30 days of the entry of the order setting aside the default.

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Good cause exists because the Parties desire for the case to be heard on its merits.

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IT IS SO STIPULATED.

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Dated: March 21, 2018

MISSION LAW FIRM, A.P.C.

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/s/ Zachary M. Best
Zachary M. Best
Attorney for Plaintiff,
Jose Acosta

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Dated: March 21, 2018

WAGNER JONES KOPFMAN
& ARTENIAN LLP

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/s/ Butch Wagner
Butch Wagner
Attorney for Defendant,
John Kojigian, Jr.

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STIPULATION TO SET ASIDE DEFAULT; ORDER

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ORDER

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Pursuant to the parties’ above-stipulation to set aside the default entered by the Clerk of

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the Court on March 16, 2018, against Defendant John Kojigian, Jr. (Doc. 15), the Court hereby

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ORDERS that the Clerk’s entry of default as to Defendant John Kojigian, Jr. be set aside.

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The Court FURTHER ORDERS, based on the parties’ stipulation, that Defendant John
Kojigian, Jr. shall file a response to the complaint within 30 days of the date of this Order.

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The Scheduling Conference remains set for May 8, 2018, at 10:30 a.m. in
Courtroom 7, before the undersigned. The parties shall file a Joint Scheduling Report by

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no later than May 1, 2018.
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IT IS SO ORDERED.

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Dated:

March 23, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO SET ASIDE DEFAULT; ORDER

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