Platte River Insurance Company v. Premier Power Renewable Energy, Inc. et al

Filing 14

ORDER signed by Senior Judge William B. Shubb on 9/10/14. The default entered against defendants Dean Richard Marks and Sarilee Marks is set aside. Defendants' answer to the complaint due by 9/18/14. (Manzer, C)

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1 SLATER HERSEY & LIEBERMAN LLP A Limited Liability Partnership 2 MARK K. SLATER, Cal. Bar No. 129742 mslater@slaterhersey.com 3 SCOTT LIEBERMAN, Cal. Bar No. 208764 slieberman@slaterhersey.com 4 ELISE K. SARA, Cal. Bar No. 253813 esara@slaterhersey.com 5 18301 Von Karman Ave., Suite 1060 Irvine, California 92612 6 Telephone: 949-398-7500 Facsimile: 949-398-7501 7 Attorneys for Defendants 8 DEAN RICHARDS MARKS and SARILEE MARKS 9 10 UNITED STATES DISTRICT COURT 11 FOR THE EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 14 PLATTE RIVER INSURANCE COMPANY, a Nebraska corporation, 15 Plaintiff, 16 v. 17 PREMIER POWER RENEWABLE 18 ENERGY, INC., a California corporation; DEAN RICHARDS MARKS, an individual; 19 and SARILEE MARKS, an individual, Defendants. 20 Case No. 2:14-CV-01666-WBS-EFB STIPULATION AND [PROPOSED] ORDER SETTING ASIDE DEFAULT 21 22 23 24 25 26 27 28 Case No. 2:14-CV-01666-WBS-EFB STIPULATION AND [PROPOSED] ORDER SETTING ASIDE DEFAULT 1 Plaintiff Platte River Insurance Company (“Plaintiff”) and Defendants Dean Richards 2 Marks and Sarilee Marks (“Defendants”), by and through their attorneys, agree as follows: 3 WHEREAS Plaintiff filed a Complaint against Defendants in the Eastern District of 4 California on July 15, 2014; 5 WHEREAS Defendants were served with the Summons and Complaint on August 8, 2014; 6 WHEREAS Defendants did not respond to the Complaint by August 29, 2014; 7 WHEREAS Plaintiff requested Entry of Default against Defendants, and Default was 8 entered against Defendants by the Clerk on September 3, 2014; 9 WHEREAS the parties have stipulated to set aside the Entry of Default against 10 Defendants; 11 IT IS THEREFORE STIPULATED that the Default entered September 3, 2014 against 12 Defendant Dean Richards Marks, and the Default entered September 3, 2014 against Defendant 13 Sarilee Marks, are set aside; Defendants will file an Answer to the Complaint on or before 14 September 18, 2014. 15 Dated: September 9, 2014 16 WOLKIN CURRAN, LLP 17 /s/ James D. Curran (authorized on September 9, 2014) By 18 JAMES D. CURRAN Attorney for Plaintiff PLATTE RIVER INSURANCE COMPANY 19 20 21 22 Dated: September 9, 2014 23 SLATER HERSEY & LIEBERMAN LLP 24 /s/ Mark K. Slater By 25 MARK K. SLATER Attorney for Defendants DEAN RICHARDS MARKS and SARILEE MARKS 26 27 28 -1Case No. 2:14-CV-01666-WBS-EFB STIPULATION AND [PROPOSED] ORDER SETTING ASIDE DEFAULT 1 2 ORDER GOOD CAUSE HAVING BEEN SHOWN AND THE PARTIES HAVING 3 STIPULATED TO THE SAME, the Court finds the above-stated STIPULATION is sanctioned by 4 the Court and shall be and now is the Order of the Court. The Default entered against Defendant 5 Dean Richards Marks on September 3, 2014, is hereby set aside. The Default entered against 6 Defendant Sarilee Marks on September 3, 2014, is hereby set aside. Defendant Dean Richards 7 Marks and Defendant Sarilee Marks will file an Answer to the Complaint on or before September 8 18, 2014. 9 10 IT IS SO ORDERED. 11 Dated: September 10, 2014 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Case No. 2:14-CV-01666-WBS-EFB STIPULATION AND [PROPOSED] ORDER SETTING ASIDE DEFAULT

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