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)

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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

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