Avalos v. Olivewood Plaza, et al.

Filing 19

ORDER SETTING ASIDE DEFAULT entered against Defendant Olivewood Plaza Two, LLC; ORDER DIRECTING Clerk of Court to update the docket to terminate certain Defendants, signed by Magistrate Judge Erica P. Grosjean on 02/12/2021. Binyamin Glickman (an individual) and Olivewood Plaza (a California corporation) terminated. (10-Day Deadline)(Martin-Gill, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEORGE AVALOS, 12 Case No. 1:20-cv-01570-NONE-EPG Plaintiff, 13 ORDER SETTING ASIDE DEFAULT ENTERED AGAINST DEFENDANT OLIVEWOOD PLAZA TWO, LLC v. 14 15 (ECF Nos. 12, 15) OLIVEWOOD PLAZA TWO, LLC, et al. ORDER DIRECTING CLERK OF COURT TO UPDATE THE DOCKET TO TERMINATE CERTAIN DEFENDANTS Defendants. 16 17 18 Plaintiff George Avalos (“Plaintiff”) initiated this action on November 6, 2020, by filing a complaint naming Olivewood Plaza, Binyamin Glickman, and Does 1 through 10 as defendants. 19 (ECF No. 1.) 20 21 22 23 24 25 On December 2, 2020, Plaintiff filed a First Amended Complaint naming Olivewood Plaza Two, LLC, and Does 1 through 10 as defendants. (ECF No. 7.) Unlike the original complaint, the First Amended Complaint did not assert any claims against Olivewood Plaza or Binyamin Glickman. On January 19, 2021, the Clerk of Court entered default against Olivewood Plaza Two, LLC. (ECF No. 12.) 26 On February 10, 2021, Plaintiff and Olivewood Plaza Two, LLC filed a stipulation 27 requesting that Olivewood Plaza Two, LLC’s default be set aside and that Olivewood Plaza Two, 28 1 1 2 LLC be permitted ten (10) days to respond to the First Amended Complaint. (ECF No. 15.) The Court held a Status Conference on February 11, 2021. At the Status Conference, 3 counsel for Plaintiff confirmed that Plaintiff was no longer asserting any claims against 4 Olivewood Plaza and Binyamin Glickman by virtue of the filing the First Amended Complaint. 5 Additionally, counsel confirmed that Plaintiff and Olivewood Plaza Two, LLC had agreed to set 6 7 8 aside the default entered against Olivewood Plaza Two, LLC. Accordingly, IT IS HEREBY ORDERED that: 1. Pursuant to the stipulation of the parties (ECF No. 15), the default entered by the Clerk of Court against Olivewood Plaza Two, LLC (ECF No. 12) is set aside and 9 VACATED; and 10 2. Olivewood Plaza Two, LLC shall file a response to the First Amended Complaint 11 12 within ten days of entry of this order. 3. The Clerk of Court is respectfully directed to amend the caption and docket in this 13 matter to reflect that this action proceeds solely against Olivewood Plaza Two, LLC 14 and Does 1 through 10 and that Olivewood Plaza and Binyamin Glickman have been 15 terminated as defendants in this action as of the filing of the First Amended Complaint 16 (ECF No. 7). 17 18 19 20 IT IS SO ORDERED. Dated: February 12, 2021 /s/ UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2

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