Johnson v. Lu et al

Filing 22

STIPULATION and ORDER TO SET ASIDE DEFAULT signed by Senior Judge William B. Shubb on 2/18/15 re 15 Clerk's Entry of Default. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 KROLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON Velma K. Lim (SBN 111006) vlim@kroloff.com Jamie M. Bossuat (SBN 267458) jbossuat@kroloff.com 7540 Shoreline Drive Stockton, CA 95219 Telephone: (209) 478-2000 Facsimile: (209) 478-0354 Attorneys for Defendant NOLITA LUNA, TRUSTEE OF LUNA FAMILY TRUST 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO BRANCH 11 12 SCOTT JOHNSON, 13 Case No. 2:14-CV-02438-WBS-DAD Plaintiff, STIPULATION TO SET ASIDE DEFAULT AND ORDER 14 vs. 15 NOLITA B. LUNA, Trustee: GEORGE MING CHANGE, Trustee; SANDY S. CHANG, Trustee, JANET ZHENYU JU; JACK SHAN JU; and DOES 1-10, 16 17 18 Defendants. 19 20 IT IS HEREBY STIPULATED AND AGREED between plaintiff Scott Johnson and defendant 21 Nolita B. Luna, Trustee of Luna Family Trust, through their undersigned counsel, that the Clerk’s 22 Entry of Default against defendant Nolita B. Luna, Trustee, filed and entered on February 3, 2015, is 23 hereby vacated. Good cause exists to vacate the Clerk’s Entry of Default on the grounds of neglect 24 and inadvertence by Nolita B. Luna; Ms. Luna is over 80 years old and did not understand that she was 25 required to respond to the Complaint. Ms. Luna did not see any allegations against herself in the 26 Complaint; therefore, she did not think it was necessary for her to file a response. 27 stipulate and agree that defendant Nolita B. Luna may file a response to the Complaint within seven (7) 28 days of the issuance of the Court Order on this Stipulation. STIPULATION TO SET ASIDE DEFAULT -1- The parties also Case No. 2:14-CV-02438-WBS-DAD 1 2 Dated: February 18, 2015 3 CENTER FOR DISABILITY ACCESS //s// Phyl Grace 4 ____________________________________ PHYL GRACE Attorneys for Plaintiff SCOTT JOHNSON 5 6 7 8 9 Dated: February 18, 2015 10 KROLOFF, BELCHER, SMART, PERRY & CHRISTOPHERSON 11 //s// Velma K. Lim 12 13 VELMA K. LIM Attorneys for Defendant NOLITA B. LUNA, TRUSTEE OF THE LUNA FAMILY TRUST 14 15 16 ORDER 17 18 19 Upon consideration of the foregoing stipulation between the parties and good cause having been shown, IT IS SO ORDERED. 20 21 Dated: February 18, 2015 22 23 24 25 26 27 28 STIPULATION TO SET ASIDE DEFAULT -2- Case No. 2:14-CV-02438-WBS-DAD

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