Johnson v. Lynch et al

Filing 23

ORDER signed by Senior Judge Lawrence K. Karlton on 2/5/09 ORDERING the current Motion for Default Judgment 19 is VACATED; dft Farideh Shafiee is DISMISSED without prejudice, and a new Scheduling Conference is SET for 4/20/2009 at 03:00 PM in Courtroom 4 (LKK) before Senior Judge Lawrence K. Karlton. (Carlos, K)

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SCOTT N. JOHNSON, ESQ., SBN 166952 DISABLED ACCESS PREVENTS INJURY, INC. 5150 FAIR OAKS BLVD., SUITE 101 PMB #253 CARMICHAEL, CA 95608-5758 TELEPHONE [phone] FAX [phone] E-MAIL [e-mail] Attorney for Plaintiff Scott N. Johnson

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHNSON Plaintiff, vs. Lynch, et al Defendants

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Case No.2:08-cv-01530-LKK-KJM PLAINTIFF'S REQUEST AND PROPOSED ORDER RE: WITHDRAWL OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT

I, Scott N. Johnson, am the Plaintiff in PRO SE and declare and request the following: I originally filed a Summons

Returned Executed for the property owner Defendants Moe Shafiee and Farideh Shafiee on July 24, 2008 (Docket # 5). Base upon assertions made by Moe Shafiee on January 27, 2009, wherein he contested their Summons Returned Executed, I had the Defendant Moe Shafiee personally served. I
PLAINTIFF'S REQUEST AND PROPOSED ORDER RE: WITHDRAWL OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT - 1

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therefore request that in addition to the original Summons Returned Executed be withdrawn for both Defendants Moe Shafiee and Farideh Shafiee, I also request that related Clerk's Entry of Default, and Motion for Default Judgment be withdrawn. The Motion for Default Judgment hearing was VACATED by MINUTE ORDER dated June 6, 2009. I further

request that a new initial Scheduling Conference be set. I also request that Defendant Farideh Shafiee be dismissed without prejudice. The only remaining parties consist of

the Plaintiff Scott N. Johnson and Defendant Moe Shafiee.

Dated:

January 30, 2009

/s/Scott N. Johnson ____ Scott N. Johnson, Attorney for Plaintiff

IT IS SO ORDERED: that the current Motion for Default Judgment is VACATED, Defendant Farideh Shafiee is dismissed without prejudice, and a new Scheduling Conference is set for April 20, 2009 at 3:00 p.m.

Dated: February 5, 2009

PLAINTIFF'S REQUEST AND PROPOSED ORDER RE: WITHDRAWL OF PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT - 2

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