Johnson v. McCulley et al

Filing 20

ORDER signed by Magistrate Judge Edmund F. Brennan on 3/1/2012 ORDERING 18 Motion for Default Judgment is DENIED without prejudice; Clerk's 8 Entry of Default against defendants Kritaen McCulley and Sonia Adams is SET ASIDE; defendants shall file a response to plaintiff's complaint within 30 days of the date of this order; Clerk is directed to serve a copy of this order on Kritaen McCulley and Sonia Adams. (Waggoner, D)

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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 N. JOHNSON,

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Plaintiff,

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vs.
KRITAEN MCCULLEY, et al.,
Defendants.

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ORDER
/

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No. CIV S-11-2215 KJM EFB

This case was referred to the undersigned pursuant to Eastern District of California Local

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Rule 302(c)(19) and 28 U.S.C. § 636(b)(1) for hearing on plaintiff’s motion for entry of default

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judgment against defendants Kritaen McCulley dba Green Jade Massage, Sonia Adams dba Mrs.

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Sara, Vinod Sharma, Rajminder Sharma, Om Kapoor, and Anjana Kapoor. On February 29,

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2012, a hearing on the motion was held. Plaintiff Scott Johnson, an attorney, appeared at the

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hearing and represented himself; defendants Kritaen McCulley and Sonia Adams appeared at the

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hearing and represented themselves; and no appearance was made on behalf of the remaining

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defendants.

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At the hearing, after two of the defendants expressed a desire to defend this action,

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plaintiff withdrew the motion for default judgment. Accordingly, plaintiff’s motion for default

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judgment, Dckt. No. 18, is denied without prejudice. Additionally, at the hearing, plaintiff
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indicated that he would stipulate to allowing the two appearing defendants additional time to file

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an answer to the complaint. In light of that stipulation, the clerk’s entries of default against

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defendants Kritaen McCulley and Sonia Adams, Dckt. No. 8, are set aside. Defendants Kritaen

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McCulley and Sonia Adams shall file a response to plaintiff’s complaint within thirty days of the

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date of this order.

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The Clerk of Court is directed to serve a copy of this order on Kritaen McCulley at 2860

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Florin Road, Sacramento, CA 95822, and a copy on Sonia Adams at 2860 Florin Road,

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Sacramento, CA 95822.

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SO ORDERED.

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DATED: March 1, 2012.

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