Johnson v. Mygrant et al

Filing 19

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 12/9/2014 ORDERING that Plaintiff's 14 Application for Default Judgment is WITHDRAWN. The briefing schedule associated with the application is VACATED and the motion is TERMINATED. The 12 Clerk's Entry of Default is SET ASIDE. Defendants shall answer the Complaint within ten (10) days of the date of this order. (Zignago, K.)

1
2
3
4
5
6

ANDREW S. MACKAY, #197074
[e-mail]
DONAHUE FITZGERALD LLP
1999 Harrison Street, 25th Floor
Oakland, California 94612-3520
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendants
MICHAEL R. MYGRANT and CATHERINE L.
MYGRANT

7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SCOTT JOHNSON,

12

Case No. 2:13-cv-01447-JAM-KJN

Plaintiff,

13

v.

14

MICHAEL R. MYGRANT, in his
individual and representative capacity as
Trustee -- Mygrant Living Trust;
CATHERINE L. MYGRANT, in her
individual and representative capacity as
Trustee - Trustee, Mygrant Living Trust;
and Does 1-10,

15
16
17
18

STIPULATED ORDER WITHDRAWING
PLAINTIFF’S APPLICATION FOR
DEFAULT JUDGMENT AGAINST
MICHAEL R. MYGRANT AND
CATHERINE L. MYGRANT AND
REQUEST TO AFFIX FEES (DKT 14),
SETTING ASIDE ENTRY OF DEFAULT
(DKT 12) AND SETTING TIME FOR
DEFENDANTS TO ANSWER
COMPLAINT
[Local Rule 143]

Defendants.

19
20
21
22
23
24
25
26
27
28
STIPULATED ORDER.

CASE NO. 2:13-CV-01447-JAM-KJN

1

Pursuant to Local Rule 143, plaintiff SCOTT JOHNSON (“Plaintiff”) agrees to withdraw

2

his Application for Default Judgment by Court Against Michael R. Mygrant and Catherine L.

3

Mygrant and Request to Affix Fees. Plaintiff also agrees to set aside the Clerk’s Entry of Default.

4

Defendants MICHAEL R. MYGRANT and CATHERINE L. MYGRANT (“Defendants”) agree

5

to Answer the Complaint within ten (10) days of this order. Specifically, Plaintiff and Defendants

6

agree as follows:

7

1. Plaintiff’s Application for Default Judgment by Court Against Michael R.

8

Mygrant and Catherine L. Mygrant and Request to Affix Fees (ECF No. 14)

9

is withdrawn. The briefing schedule associated with the application is vacated

10

and the motion is terminated.

11

2. The Clerk’s Entry of Default (ECF No. 12) is set aside.

12

3. Defendants shall answer the Complaint within ten (10) days of the date of this

13

order.

14

SO STIPULATED.

15
16

Dated: December 8, 2014

DONAHUE FITZGERALD LLP

17
18

By: /s/ Andrew S. MacKay
Andrew S. MacKay
Attorneys for Defendants
MICHAEL R. MYGRANT and CATHERINE
L. MYGRANT

19
20
21
22

Dated: December 8, 2014

CENTER FOR DISABILITY ACCESS

23
24
25

By: /s/ Phyl Grace (as authorized on 12/07/2014)
Phyl Grace
Attorneys for Plaintiff
SCOTT JOHNSON

26
27
28
-1STIPULATED ORDER

CASE NO. 2:13-CV-01447-JAM-KJN

1
2

IT IS SO ORDERED.

3

Dated: December 9, 2014

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2STIPULATED ORDER

CASE NO. 2:13-CV-01447-JAM-KJN