Stiles et al v. Wal Mart Stores Inc, et al

Filing 22

AMENDED ORDER signed by Magistrate Judge Craig M. Kellison on 8/15/14 ORDERING that The court's 8/15/14, order is vacated; the request 10 by defendant Coty, Inc., is granted; Plaintiff's request 19 to withdraw the stipulation extendi ng the time for defendants Wal Mart Stores, Inc., and American International Industries, Inc., to respond to the amended complaint is denied; The request 18 by defendants Wal Mart Stores, Inc., and American International Industries, Inc., is gran ted; Defendants Coty, Inc., Wal Mart Stores Inc., and American International Industries, Inc., shall file and serve their responses to plaintiff's amended complaint by 9/5/14; and Plaintiff's motion for default judgment 20 is construed as a request for entry of default and, so construed, is denied. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SHARIDAN STILES, et al.,

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No. 2:14-CV-1637-JAM-CMK

Plaintiffs,
AMENDED ORDER1

vs.
WAL MART STORES, INC., et al.,

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Defendants.

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/

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Plaintiff, who is proceeding pro se, brings this civil action. Pending before the

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court are the following: (1) request (Doc. 18) filed by defendants Wal Mart Stores, Inc., and

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American International Industries, Inc., for an extension of time to respond to plaintiff’s amended

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complaint; (2) plaintiff’s request (Doc. 19) to withdraw an earlier stipulation with defendants

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Wal Mart Stores, Inc., and American International Industries, Inc., extending the time to respond

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to plaintiff’s amended complaint to no later than August 29, 2014; (3) request (Doc. 10) filed by

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defendant Coty, Inc., for an extension of time to response to plaintiff’s amended complaint; and

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(4) plaintiff’s motion (Doc. 20) for default judgment.

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This order supercedes the court’s order issued on August 15, 2014.
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Turning first to the request by defendant Coty, Inc., for an extension of time, good

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cause appearing therefor, the request will be granted. Defendant Coty, Inc., shall file and serve

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its response to the complaint by September 5, 2014.

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Next, addressing the request by defendants Wal Mart Stores, Inc., and American

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International Industries, Inc., for an extension of time to response to plaintiff’s amended

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complaint, the parties initially stipulated to an extension of time to August 29, 2014 (see Doc. 8).

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Plaintiff now requests that the stipulation be withdrawn and defendants Wal Mart Stores, Inc.,

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and American International Industries, Inc., now request that the response due date be further

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extended to September 5, 2014. While plaintiff contends in her request to withdraw the prior

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stipulation with defendants because their request was made solely for the purpose of delay, the

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court finds no indication of such intention in the parties’ declarations. Good cause appearing

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therefor, defendants’ request for an extension to September 5, 2014, will be granted.

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Finally, plaintiff has filed a motion for default judgment against defendants Wal

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Mart Stores, Inc., and American International Industries, Inc., which is construed as a request for

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entry of default pursuant to Federal Rule of Civil Procedure 55(a). At the time plaintiff’s request

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was filed on August 12, 2014, defendants’ response to the amended complaint was not due until

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August 29, per the stipulation of the parties. Therefore, defendants’ failure to respond to the

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amended complaint was not shown by the record such that entry of default would be appropriate.

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Plaintiff’s request will be denied.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

The court’s August 15, 2014, order is vacated;

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2.

The request (Doc. 10) by defendant Coty, Inc., is granted;

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3.

Plaintiff’s request (Doc. 19) to withdraw the stipulation extending the time

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for defendants Wal Mart Stores, Inc., and American International Industries, Inc., to respond to

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the amended complaint is denied;

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///
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4.

The request (Doc. 18) by defendants Wal Mart Stores, Inc., and American

International Industries, Inc., is granted;
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Defendants Coty, Inc., Wal Mart Stores Inc., and American International

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Industries, Inc., shall file and serve their responses to plaintiff’s amended complaint by

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September 5, 2014; and

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Plaintiff’s motion for default judgment (Doc. 20) is construed as a request

for entry of default and, so construed, is denied.

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DATED: August 15, 2014
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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