Edstrom et al v. NDEX West, LLC et al

Filing 37

ORDER signed by Judge Frank C. Damrell, Jr. on 10/5/2010 ORDERING 36 that the entry of default 32 , be WITHDRAWN, and thereby remove as to NDEX West. (Reader, L)

Edstrom et al v. NDEX West, LLC et al

Doc. 37

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RICHARD A. HALL (SBN 135483) BOTTOMLINE LAWYERS 985 Lincoln Way, Suite 206 Auburn, California 95601 Telephone: [phone]
Facsimile: [phone]

Attorneys for Plaintiffs DANIEL MAJOR EDSTROM, an individual; and TERI ANNE EDSTROM, an individual UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA DANIEL MAJOR EDSTROM, an individual; and TERI ANNE EDSTROM, an individual, ) ) ) ) Plaintiffs, ) ) v. ) ) NDEX WEST, LLC, a Delaware limited ) liability company; AMERICA'S ) SERVICING COMPANY, an entity ) form unknown; MORTGAGE ) ELECTRONIC REGISTRATION ) SYSTEMS (MERS); and DOES 1) 10,000, ) ) Defendants. ) _________________________________) CASE NO. 2:10-cv-00105 FCD KJM PLAINTIFFS' EX PARTE APPLICATION TO REMOVE ENTRY OF DEFAULT AGAINST NDEX WEST; ORDER

Plaintiffs apply ex parte to remove the entry of default entered on September 27, 2010, against defendant NDex West. The request to enter default, dated September 24, 2010, was entered through mistake and inadvertence of attorneys for plaintiffs, as is explained below. Declaration of Richard A. Hall 1. I represent the plaintiffs in this action. I have personal knowledge of the matters

stated herein, and if called as a witness to testify, will competently do so. 2. 24, 2010. 3. 4. The entry of default was entered on September 27, 2010. On September 26, I discovered that on September 13 I had granted counsel for I filed a request for entry of default against defendant NDEX West, on September

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NDEX West an extension of time til October 4 to respond to the complaint. 5. When I drafted the request for entry of default, I had forgotten about the extension

I had provided to counsel for NDEX West. 6. my error. 7. Thus the request for entry of default, filed on September 24, 2010, was entered Only after the entry of default was entered, on September 27, 2010, did I realize

through inadvertence or excusable neglect. 8. I have since spoken with counsel who assures me he will have a responsive

pleading on file by no later than October 6, 2010. 9. Therefore, I respectfully request the Court order that my request the entry of

default of September 27, 2010, be withdrawn, and thereby remove the entry of default of NDEX West, entered September 27, 2010. 10. Counsel for NDEX West has assured me that once the order withdrawing the

request for entry of default is entered, counsel will get a stipulation for the extension of time to respond, accompanied by an order. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct and that this declaration is executed on October 4, 2010, at Auburn, California.

/s/ Richard A. Hall Richard A. Hall

IT IS SO ORDERED. Dated: October 5, 2010

_______________________________________ FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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