Johnson v. Thomas et al

Filing 14

ORDER signed by Magistrate Judge Kendall J. Newman on 9/9/14 DENYING 10 Motion for Default Judgment without prejudice. The 8 and 9 Entries of Default are VACATED. (Manzer, C)

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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 SCOTT JOHNSON, 12 Plaintiff, 13 14 No. 2:14-cv-1352-MCE-KJN v. ORDER KAMAL THOMAS & LILLY THOMAS, 15 Defendants. 16 17 Presently pending before the court is plaintiff Scott Johnson’s motion for default 18 judgment against defendants Kamal Thomas and Lilly Thomas (ECF No. 10), which was filed on 19 August 11, 2014, after the Clerk of Court entered defendants’ default on July 21, 2014. (ECF 20 Nos. 8, 9.) However, on August 28, 2014, after the filing of the motion for default judgment, 21 defendants filed an answer to plaintiff’s complaint. (ECF No. 11.) Accordingly, on September 5, 22 2014, the court issued a minute order requiring plaintiff to file, no later than September 12, 2014, 23 a statement indicating whether, in light of the filing of defendants’ answer, plaintiff had any 24 opposition to setting aside the Clerk of Court’s entry of default against defendants and denying 25 without prejudice the pending motion for default judgment. (ECF No. 12.) Thereafter, on 26 September 8, 2014, plaintiff filed a statement of non-opposition in response to the court’s minute 27 order. (ECF No. 13.) 28 //// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Clerk of Court shall vacate the entries of default (ECF Nos. 8, 9) against 3 4 5 6 7 defendants Kamal Thomas and Lilly Thomas. 2. Plaintiff’s motion for default judgment (ECF No. 10) is denied without prejudice, and the September 25, 2014 hearing thereon is vacated. IT IS SO ORDERED. Dated: September 9, 2014 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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