Acosta v. Wilkins et al

Filing 16

STIPULATION and ORDER TO SET ASIDE DEFAULT. 15 . Defendant shall file a response to the complaint within 10 days of the date of this Order. The Scheduling Conference remains set for May 10, 2018, at 10:15 a.m. in Courtroom 7, before the undersigned. The parties shall file a Joint Scheduling Report by no later than May 3, 2018. Order signed by Magistrate Judge Sheila K. Oberto on 3/22/2018. (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.
KYLE WILKINS dba POKI BOWL
EXPRESS, et al.,

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Defendants.

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No. 1:17-cv-01666-DAD-SKO
STIPULATION TO SET ASIDE
DEFAULT; ORDER
(Doc. 15)

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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, Kyle Wilkins dba Poki Bowl Express (“Defendant,” and together with Plaintiff,

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“the Parties”), by and through their attorneys, that the Clerk’s Default against Defendants (Dkt.

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10) be and is hereby set aside so that the matter may proceed on its merits, and that an answer

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on behalf of Defendant shall be filed within ten (10) days of the entry of the order setting aside

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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 20, 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 20, 2018

LAW OFFICE OF LANCE E. ARMO

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/s/ Lance E. Armo
Lance E. Armo
Attorney for Defendant,
Kyle Wilkins dba Poki Bowl Express

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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 February 27, 2018, against Defendant Kyle Wilkins dba Poki Bowl Express, et al.

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(“Defendant”) (Doc. 10), the Court hereby ORDERS that the Clerk’s entry of default be set

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aside.
The Court FURTHER ORDERS, based on the parties’ stipulation, that Defendant shall

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file a response to the complaint within 10 days of the date of this Order.

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The Scheduling Conference remains set for May 10, 2018, at 10:15 a.m. in

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Courtroom 7, before the undersigned. The parties shall file a Joint Scheduling Report by

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no later than May 3, 2018.

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IT IS SO ORDERED.
Dated:

March 22, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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STIPULATION TO SET ASIDE DEFAULT; ORDER

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