Martel v. Cadjew et al

Filing 29

ORDER signed by Magistrate Judge Edmund F. Brennan on 12/1/11 ORDERING that the defendants' 23 Motion to Set Aside 21 Clerk's Entry of Default is GRANTED; defendants' 22 Answer to Amended Complaint is deemed effective and the plaintiff's 25 Motion for Default Judgment is DENIED. (Manzer, C)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RICHARD MARTEL,
Plaintiff,

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No. CIV S-11-509 JAM EFB PS

vs.

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FRANK CADJEW and JULIE CADJEW,

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Defendants.

ORDER
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On November 30, 2011, the court heard defendants’ motion to set aside the clerk’s entry

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of default against them, Dckt. No. 23, and plaintiff’s motion for default judgment, Dckt. No. 25.

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Attorneys Andrew Steinheimer and Amanda Stevens appeared at the hearing on behalf of

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defendants; plaintiff appeared pro se.

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For the reasons stated on the record at the hearing, IT IS HEREBY ORDERED that:

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1. Defendants’ motion to set aside the clerk’s entry of default against them, Dckt. No.

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23, is granted;
2. Defendants’ answer, Dckt. No. 22, is deemed effective; and

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3. Plaintiff’s motion for default judgment, Dckt. No. 25, is denied.1

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SO ORDERED.

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DATED: December 1, 2011.

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In light of this order, defense counsel need not prepare a proposed order, as directed at
the November 30, 2011 hearing.
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