Malibu Media, LLC v. John Doe subscriber assigned IP address 73.41.243.169

Filing 35

STIPULATION and ORDER signed by District Judge John A. Mendez on 3/24/2017 VACATING 21 Clerk's Entry of Default and VACATING 27 Motion to Quash; Motion to DIsmiss. Defendant shall file his answer to the amended complaint within 30 days of the date of this Order. (Washington, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MALIBU MEDIA, LLC,

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Hon. John A. Mendez, U.S.D.J.
Plaintiff,

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v.

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MATTHEW MOMSEN,

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Case No. 2:16-cv-00344-JAM-KLN
STIPULATION AND ORDER FOR
SETTING ASIDE DEFAULT AND
EXTENDING TIME TO ANSWER

Defendant.

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IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys,
as follows: the prior Certificate of Entry of Default (ECF No. 21.) should be set aside and
vacated; Defendant shall be given thirty (30) days following vacature of the default to file
his answer to the amended complaint; and Defendant’s prior motion to quash service of
the summons and dismiss the complaint (ECF No. 27) is hereby withdrawn and shall not
be re-filed. This Stipulation, which follows the conferral of counsel, is intended to
resolve various issues raised by the recent motions filed by the parties.
//

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STIPULATION AND PROPOSED ORDER FOR SETTING ASIDE DEFAULT AND
EXTENDING TIME TO ANSWER - 1

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Respectfully submitted:
Dated: March 24, 2017
By:

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/s/ Thomas A. Pedreira
Thomas A. Pedreira (No. 106169)
Attorney for Defendant

Dated: March 24, 2017
By:

/s/ Henrik M. Mosesi
Henrik M. Mosesi (No. 189672)
Attorney for Plaintiff

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ORDER
This matter came before the Court on the parties’ foregoing Stipulation. The Court

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finds that good cause for entry of this Order exists. The Clerk is directed to vacate its

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prior Certificate of Entry of Default (ECF No. 21.) Defendant shall file his answer to the

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amended complaint within 30 days of the date of this Order. Defendant’s motion to

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quash service of the summons and dismiss the complaint (ECF No. 27) is hereby vacated.

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IT IS SO ORDERED.

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ENTERED THIS 24th DAY OF March, 2017

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/s/ John A. Mendez

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Hon. John A. Mendez

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United States District Court Judge

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STIPULATION AND PROPOSED ORDER FOR SETTING ASIDE DEFAULT AND
EXTENDING TIME TO ANSWER - 2