McCune v. Singh

Filing 32

ORDER signed by Magistrate Judge Gregory G. Hollows on 1/3/12 ORDERING that the hearing on Defendant's MOTION to SET ASIDE DEFAULT 29 is CONTINUED to 1/26/2012. Defendant's MOTION is construed as one brought pursuant to FRCP 55(c). (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL McCUNE,

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Plaintiff,

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vs.

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SATNAM SINGH,

No. CIV S-10-2207 FCD GGH PS

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ORDER

Defendants.
_______________________________/

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Defendant filed a motion to set aside default on December 23, 2011, setting it for

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hearing on January 19, 2012. Plaintiff has filed objections, based on lack of proper notice and

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statutory basis for seeking to set aside the default. The objections have merit, but the motion will

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not be stricken – only continued.

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Accordingly, IT IS ORDERED that:

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1. The hearing on defendant’s motion to set aside default is continued to January

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26, 2012.

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2. Defendant’s motion is construed as one brought pursuant to Fed. R. Civ. P.

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55(c).

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DATED: January 3, 2012
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH:076 - McCune2207.hrg.wpd

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