Hoffmann et al v. Lassen County et al

Filing 26

ORDER signed by Magistrate Judge Deborah Barnes on 11/01/2016 DENYING 21 Motion for Default. (Butolph, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KASEY F. HOFFMANN,

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No. 2:15-cv-1382 DB P

Plaintiff,
v.

ORDER

LASSEN COUNTY, et al.,
Defendant.

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On July 21, 2016, plaintiff filed a request to enter default judgment. However, at the time

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he filed his request, defendants had not yet been served so had not had an opportunity to respond

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to the complaint. On October 11, 2016, a waiver of service was filed by defendants Lassen

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County and Julie M. Bustamante. The waiver forms show that they were mailed to defendants on

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September 12, 2016. (ECF No. 24.) Pursuant to the court’s May 6, 2016 order and Federal Rule

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of Civil Procedure 12(a), defendants may file a response to the complaint within sixty days from

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the date the request for a waiver was sent to them. (See ECF No. 16.) Accordingly, plaintiff’s

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Motion for Default (ECF No. 21) is denied.

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Dated: November 1, 2016

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