Kalani v. Singh Randhawa, et al

Filing 24

STIPULATION AND ORDER signed by Judge Kimberly J. Mueller on 5/16/13 SETTING ASIDE 11 Clerk's Entry of Default filed by Didar S. Randhawa, Gusharan Jit Singh Randhawa, Sukhinder Jit Singh Randhawa, Daljit S. Grover, and VACATING 12 MOTION for DEFAULT JUDGMENT filed by Robert Kalani. Defendants shall have 5 days from the filing of this Order to file their Answer which was attached to the Parties' 23 Stipulation as Exhibit A. (Meuleman, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBERT KALANI,
Plaintiff,

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No. 2:12-CV-02453-KJM-DAD
STIPULATION AND ORDER SETTING
ASIDE ENTRY OF DEFAULT

vs.

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SUKHINDER JIT SINGH RANDHAWA;
GURSHARAN JIT SINGH RANDHAWA;
DIDAR S. RANDHAWA; DALJIT S.
GROVER dba CHEROKEE LANE
SERVICE STATION,

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Defendants.

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Plaintiff, ROBERT KALANI, (“Plaintiff”) and Defendants SUKHINDER JIT SINGH

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RANDHAWA, GURSHARAN JIT SINGH RANDHAWA, DIDAR S. RANDHAWA, DALJIT

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S. GROVER dba CHEROKEE LANE SERVICE STATION (“Defendants”), by and through

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their attorneys of record, agree as follows:

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1.

On November 30, 2012, the Clerk entered the Default of Defendants

SUKHINDER JIT SINGH RANDHAWA, GURSHARAN JIT SINGH RANDHAWA, DIDAR
S. RANDHAWA, DALJIT S. GROVER dba CHEROKEE LANE SERVICE STATION.

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2.

On January 31, 2013, the Plaintiff filed a Motion for Default Judgment which was

heard on March 1, 2013. Defendants appeared In Pro Per and provided a letter in open court.
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On March 4, 2013 the court issued an Order granting Defendants 30 days to either

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retain counsel and have counsel file a responsive pleading or, if proceeding pro se, to each file a

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responsive pleading. If no Defendant filed a responsive pleading after 30 days, Plaintiff was to

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re-notice his Motion for Default Judgment.

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3.

On April 4, 2013 Plaintiff re-filed his motion for default judgment which was set

for hearing on May 3, 2013 at 10:00 am.
4.

On April 22, 2013 attorney S. Dean Ruiz contacted Plaintiff’s counsel via email

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regarding the pending hearing and to advise that he was meeting with Defendants on April 25,

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2013 for possible retention.

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5.

On April 25, 2013 attorney S. Dean Ruiz contacted Plaintiff’s counsel via email

to advise that he had been retained and requested a continuance of the default hearing to which
Plaintiff’s counsel agreed.
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On April 26, 2013 Plaintiff’s counsel served Defendants’ counsel with a Notice of

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Continuance of Hearing on Motion for Default Judgment which is currently set to be heard on
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May 17, 2013.
7.

The Parties hereby stipulate and agree that the Court, based on good cause, should

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set aside Defendants’ defaults. The Parties stipulate that good cause exists based on the fact that

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Defendants have a substantial language barrier and did not understand what was required of them

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in this action or, specifically, the Court’s Order. As a result, Defendants’ failure to file an

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answer was based on inadvertence.

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8.

The Parties further agree that Plaintiff’s Motion for Default Judgment be vacated

upon entry of the Order setting aside the defaults.
9.

The Parties further agree that Defendants shall have five (5) days from entry of

the Order hereon to file the Answer attached hereto as Exhibit “A.”
May 15, 2013

MOORE LAW FIRM, P.C.
BY

/s/ Tanya E. Moore
Tanya E. Moore, Attorneys for
Plaintiff, ROBERT KALANI

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May 15, 2013

HARRIS, PERISHO & RUIZ

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BY
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/s/ S. Dean Ruiz
S. DEAN RUIZ, Attorneys for
Defendants SUKHINDER JIT SINGH
RANDHAWA, GURSHARAN JIT SINGH
RANDHAWA, DIDAR S. RANDHAWA,
DALJIT S. GROVER dba CHEROKEE
LANE SERVICE STATION

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ORDER

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The Parties having so stipulated and good cause appearing,

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IT IS HEREBY ORDERED as follows:

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1.

The defaults of Defendants SUKHINDER JIT SINGH RANDHAWA,

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GURSHARAN JIT SINGH RANDHAWA, DIDAR S. RANDHAWA, DALJIT S. GROVER

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dba CHEROKEE LANE SERVICE STATION, are hereby set aside pursuant to Federal Rules of

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Civil Procedure 55(c);

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2.

The Motion for Default Judgment set for May 17, 2013 is vacated;

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3.

Defendants shall have five (5) days from the filing of this Order to file their

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Answer which was attached to the Parties’ Stipulation as Exhibit “A.”.
IT IS SO ORDERED.
Dated: May 16, 2013.

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UNITED STATES DISTRICT JUDGE