Johnson v. Nguyen

Filing 13

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/6/2011 GRANTING defendant's 11 Motion to Set Aside Default. The Clerk's 10 Entry of Default is VACATED. Court construes defendant's letter, dated 8/17/2011, as the Answer to the Complaint. Clerk directed to enter Answer on the docket. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SCOTT JOHNSON,

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Plaintiff,

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No. CIV S-11-1442 MCE CKD

vs.
NINA BICH THY THUY NGUYEN,

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Defendant.

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ORDER
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Default was entered against defendant on August 24, 2011. Defendant now

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moves to set aside the default, contending that a letter was sent to the court on August 17, 2011

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which defendant intended as the answer to the complaint. Good cause appearing, IT IS

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HEREBY ORDERED that:

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1. The motion to set aside default (dkt. no. 11) is granted;

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2. The Clerk’s entry of default (dkt. no. 10) is vacated;

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3. The court construes defendant’s letter, dated August 17, 2011, as defendant’s

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answer to the complaint. The Clerk of Court is directed to docket as an answer the August 17,

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2011 letter (dkt. no. 11, pages 2-5).

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Dated: September 6, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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johnson-nguyen.def

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