Antonio v. Muhareb et al

Filing 14

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/17/2015. The 11 Entry of Default is VACATED and plaintiff's 12 Motion for Default Judgment is DENIED without prejudice. Clerk directed to serve a copy of Order on attorney Cris Vaughn and defendant The Waffle Shop Inc. c/o Shafiq Muhareb, agent for service of process. [cc: Cris Vaughn and The Waffle Shop) (Marciel, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

FELIPE ANTONIO,

12

Plaintiff,

13
14

No. 2:14-cv-1278 GEB CKD

v.

ORDER

SHAFIQ MUHAREB, et al.,

15

Defendants.

16
Presently before the court is plaintiff’s motion for default judgment. This matter was

17
18

submitted without oral argument.
The record reflects that defendant The Waffle Shop, Inc. acknowledged receipt of

19
20

summons and the complaint on August 12, 2014. ECF No. 6. The form for the notice and

21

acknowledgment of receipt of summons and complaint was mailed on July 22, 2014. Id. Default

22

was entered on September 18, 2014. Because defendant waived service, under Federal Rule of

23

Civil Procedure 12(a)(1)(A)(ii), defendant had 60 days to serve a responsive pleading. The entry

24

of default on September 18, 2014 was therefore improvidently entered before the expiration of the

25

requisite time period and will be vacated.

26

The record also reflects that plaintiff served the motion for default judgment on an

27

attorney located in Loomis, California. No attorney has made an appearance for any defendant in

28

/////
1

1

this action. The motion was therefore improperly served. In the event that plaintiff refiles a

2

motion for default judgment, said motion must be properly served on defendant.

3

Accordingly, IT IS HEREBY ORDERED that:

4

1. The entry of default (ECF No. 11) is vacated.

5

2. The motion for default judgment (ECF No. 12) is denied without prejudice.

6

3. The Clerk of Court is directed to serve a copy of this order on:

7

Cris Vaughan
Vaughan & Associates
6207 S. Walnut Street, Suite 800
Loomis, CA 95650

8
9

The Waffle Shop, Inc.
Shafiq Muhareb (Agent for Service of Process)
6262 Calle Montalvo Cir.
Granite Bay, CA 95746-5841

10
11
12

Dated: June 17, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

13
14
15
16

4 antonio1278.def.den

17
18
19
20
21
22
23
24
25
26
27
28
2