C.H. v. State of California, Department of Health Care Services

Filing 15

ORDER signed by Magistrate Judge Gregory G. Hollows on 10/16/2012 ORDERING that plaintiff's 11 motion for default judgment is VACATED. Defendants shall file a responsive pleading to plaintiff's 2 complaint on or before 11/2/2012. (Zignago, K.)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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C.H., minor, by and through Guardian ad Litem
KATHRYN R.,

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Plaintiff,
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STATE OF CALIFORNIA,
DEPT. OF HEALTH CARE SERVICES,
ORDER

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Defendants.

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No. 2:12-02083 KJM GGH

vs.

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___________________________/
On October 10, 2012, the Clerk of Court entered a default against defendant

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Department of Heath Care Services after it did not file a responsive pleading within 21 days of

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service of process. Defendant’s failure to file a responsive pleading was on account of a

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calendaring error. The parties therefore stipulate that the default shall be set aside, and that

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defendant shall be granted a 21 day extension to answer the complaint filed in this case.
Considering the agreement of the parties and good cause being shown,

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IT IS ORDERED:
1. That plaintiff’s motion for default judgment filed on October 10, 2012 (dkt.

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11) is vacated; and

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2. Defendants shall file a responsive pleading to plaintiff’s August 8, 2012

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complaint (dkt. 2) on or before November 2, 2012.

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DATED: October 16, 2012
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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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GGH9
C.W.2083.stip.eto

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