Akila Trading (pty), Ltd. v. Global Commodities Trading Group, Inc.

Filing 15

ORDER signed by Magistrate Judge Allison Claire on 10/6/14 ORDERING that the motion for default judgment, ECF No. 11 , currently scheduled for October 22,2014 is vacated; The parties' stipulation to set aside the Clerk's entry of default is denied; and the parties are directed to re-submit their stipulation to set aside the Clerk's entry of default before the district judge assigned to the action. (Becknal, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AKILA TRADING (PTY), LTD.,

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No. 2:14-cv-01625 KJM AC

Plaintiff,
v.

ORDER

GLOBAL COMMODITIES TRADING
GROUP, INC.,
Defendant.

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On July 10, 2014, plaintiff initiated this action. On September 5, 2014, plaintiff filed a

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request for entry of default, which was entered by the Clerk of the Court on September 9, 2014.

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ECF Nos. 5–6. On September 22, 2014, plaintiff filed a motion for default judgment and

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scheduled the hearing before the undersigned for October 22, 2014. ECF No. 11.

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On October 3, 2014, the parties filed a stipulation and proposed order to set aside the

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Clerk’s entry of default and withdraw the motion for default judgment. ECF No. 14. The

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stipulation also states defense counsel will execute a waiver of service of summons and will file

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an answer or motion under Rule 12 within sixty days of the date of the waiver. Id. at 2.

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The parties’ request to set aside the Clerk’s entry of default is not properly before the

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undersigned. Accordingly, the request will be denied and the parties will be directed to re-submit

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the request to the district judge assigned to the action.
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Good cause appearing, IT IS HEREBY ORDERED that:

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1. The motion for default judgment, ECF No. 11, currently scheduled for October 22,

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2014 is vacated;

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2. The parties’ stipulation to set aside the Clerk’s entry of default is denied; and

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3. The parties are directed to re-submit their stipulation to set aside the Clerk’s entry of

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default before the district judge assigned to the action.

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DATED: October 6, 2014

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