Johnson v. Elk Horn Gas, Inc.

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/2/2014 ORDERING 9 the entry of default is VACATED; and the Motion for Default Judgment 13 is DENIED without prejudice. (Reader, L)

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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. 2:14-cv-0798 MCE CKD

v.

ORDER

ELK HORN GAS, INC.,

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Defendant.

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Pending before the court is plaintiff’s motion for default judgment. The proof of service

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of the summons and complaint indicates that an individual named Surinder Singh was served on

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behalf of the defendant corporation. ECF No. 5. Plaintiff’s exhibits submitted in support of the

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motion for default judgment indicate that the authorized agent for service of process for the

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defendant corporation is Jatinderpal Bajwa. ECF No. 13-8 at p. 4. Under these circumstances,

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the court cannot find that entry of default judgment is proper. See Fed. R. Civ. P. 4(h), Cal. Code

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Civ. P. § 416.10.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The entry of default (ECF No. 9) is vacated; and

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2. The motion for default judgment (ECF No. 13) is denied without prejudice.
Dated: October 2, 2014

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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